Rohit Singh @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3285 of 2022 Arising Out of PS. Case No.-5 Year-2021 Thana- MAHILA P.S. District- Bhagalpur ====================================================== ROHIT SINGH @ ROHIT KUMAR S/o Shree Balram Singh R/o MohallaRautnagar, Cooperative Colony, Saheb Pokhar, P.S. and District- Devghar (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ritu Singh W/o Rohit Singh R/o Mohalla- Golagcat Sonebarasha Late, P.S. and District- Devghar (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Sr. Adv Mr. Manish Kumar Singh For the Opposite Party/s :

Mrs. Sucheta Yadav For the Informant :

Mr. S.Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 323, 341, 313, 498(A), 506/34 of the IPC and section 3⁄4 of D.P Act. Allegedly, the informant married the petitioner according to Hindu rituals, thereafter marriage certificate was prepared in Devghar Court. After marriage the petitioner and his family

Patna High Court CR. MISC. No.3285 of 2022(7) dt.29-08-2022 2/3 members demanded dowry from the informant. In november 2020, the petitioner left his house stating that after getting new job he will take the informant along with him, in the meantime the family members of the petitioner started threatening to kill the informant.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that the father of the informant has been examined and has stated that he has no knowledge of the marriage between his daughter and the petitioner. According to the case diary, the I.O. has tried to verify from the records of the case regarding marriage of petitioner but has found nothing into the records. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that some documents are enclosed in the F.I.R. which shows that the petitioner is married to the informant.

Patna High Court CR. MISC. No.3285 of 2022(7) dt.29-08-2022 3/3 Having regard to the facts and circumstances of the case, since there is no concrete evidence against the petitioner to show that he is married to the informant, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bhagalpur Mahila P.S. Case No.05 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T