Patna High Court - Orders
Satya Narayan Singh vs The State Of Bihar on 15 February, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56499 of 2022
Arising Out of PS. Case No.-42 Year-2022 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
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1. Satya Narayan Singh son of Late Bali Singh Resident of Village - Jalaibar,
P.S.- Bhagawanpur, District - Kaimur (Bhabhua).
2. Krishna Singh Son of Satya Narayan Singh Resident of Village - Jalaibar,
P.S.- Bhagawanpur, District - Kaimur (Bhabhua).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Radhey Shyam Singh Son of Late Ram Bachan Singh Resident of Village -
Abhedr, P.S.- Ramgarh, District - Kaimur (Bhabhua).
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 15-02-2023Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seeks regular bail in connection with Bhagwanpur P.S. Case No. 42 of 2022 lodged under Sections 341, 323, 307, 498(A), 504, 506 /34 of the I.P.C. read with Section ¾ of Dowry Probhition Act.
As per the prosecution case, the marriage of daughter of the informant has solemnized with the petitioner no.2. It has been alleged that the in-laws family started demanding bullet Patna High Court CR. MISC. No.56499 of 2022(3) dt.15-02-2023 2/3 motorcycle. Upon promise to provide it later, the Bidaai was conducted. It has been alleged that for one month, they kept the informant's daughter well but thereafter, they started torturing. It has been alleged that petitioner no.2 went to Delhi with his wife after Panchayati but there also, leaving the informant's daughter alone, he fled away. In this regard, the informant has visited Delhi and brought her daughter back and went to in-laws family of his daughter then, they all started abusing and assulting them by iron rod and khanti as well as by lathi. It has been alleged that anyhow informant's party saved their lives and fled away thereafter they have filed this case.
Learned counsel for the petitioners submits that from the perusal of the entire F.I.R., it is crystal clear that there is no specific allegation against the petitioner no.2 who is the husband. Petitioner no.1 is the father-in-law and he is old aged person and very innocent.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M- 5, Kaimur (Bhabua) in connection with Bhagwanpur P.S. Case No. 42 of 2022, subject Patna High Court CR. MISC. No.56499 of 2022(3) dt.15-02-2023 3/3 to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioners.
C. The petitioners shall file an affidavit at the time of furnishing of bail bond that they shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of their present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/-
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