Patna High Court - Orders
Bhagwan Singh @ Shri Bhagwan Singh vs The State Of Bihar on 21 July, 2023
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34109 of 2023
Arising Out of PS. Case No.-551 Year-2022 Thana- DEHRI TOWN District- Rohtas
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1. Bhagwan Singh @ Shri Bhagwan Singh Son Of Muni Singh Resident Of
Village Kukudha , Ps- Karamchat , Dist- Kaimur , Bhabhua
2. Tej Pratap Singh @ Dashrath Singh @ Tej Bahadur Singh Son Of Baijnath
Singh @ Yadunath Singh Resident Of Village- Nawaliya, Ps- Parsathua,
Distt- Rohtas
3. Ranjit Kumar Singh @ Ranjit Kumar Son Of Dashrath Singh Resident Of
Village- Nawaliya, Ps- Parsathua, Distt- Rohtas
4. Jinisa Devi @ Jinsa Devi Wife Of Shyam Lal Singh Resident Of Village-
Amaon , Ps- Karamchat , Dist- Kaimur , Bhabhua
5. Rekha Devi @ Rekha Kumari Wife Of Ramesh Kumar Singh Resident Of
Village- Kukudha, Ps- Karamchat , Dist- Kaimur , Bhabhua
6. Laxmina Devi Wife Of Rajbansh Singh Resident Of Village -Sawath , Ps-
Durgawati , Dist.- Kaimur , Bhabhua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Adv.
For the Opposite Party/s : Mr.Ram Bilash Roy Raman APP
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 21-07-2023Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Dehri Town PS Case No. 551 of 2022, registered for the offence punishable under Sections 406 and Patna High Court CR. MISC. No.34109 of 2023(2) dt.21-07-2023 2/4 420/34 of the Indian Penal Code.
3. The prosecution story is a very elaborate story, wherein, several kinds of allegations of cheating have been levelled against one Ramesh Kumar Singh, who happens to be son of petitioner no. 1; and otherwise related to the petitioners also. It is alleged that at the instance of said Ramesh Kumar Singh, certain amounts have been deposited in certain accounts by the informant, which was solicited on the pretext of getting the marriage of his son solemnized with the daughter of informant's brother.
4. It is submitted by the petitioners' counsel that that the allegations, even if taken at their face value, no offence whatsoever is alleged against the petitioners by name. It is not even alleged that they are beneficiaries of any deposits which if at all, have been made at the instance of co-accused viz., Ramesh Kumar Singh, who is not before this Court. The petitioners are all family members. In fact, the marriage proposal did not materialize, which led to lodging of the FIR by the informant, who happens to be havildar in the police force. The petitioners have clean antecedents.
5. Learned APP for the State has opposed the prayer for bail.
Patna High Court CR. MISC. No.34109 of 2023(2) dt.21-07-2023 3/4
6. Considering the rival submissions, nature of allegations levelled in the FIR and clean antecedent, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM Dehri, Dist-Rohtas, in connection with Dehri Town PS Case No. 551 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive Patna High Court CR. MISC. No.34109 of 2023(2) dt.21-07-2023 4/4 dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/-
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