Anil Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20785 of 2016 Arising Out of PS.Case No. -211 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ======================================================
1. Anil Singh, son of Suresh Singh
2. Kunal Singh, son of Suresh Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 Heard learned counsels for the petitioners and the State.
Petitioner no.1 being husband of the informant and petitioner no.2 being brother of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.
Basic accusation is of torture to the informant and her younger sister, who has performed marriage with petitioner no.2. It is submitted by learned counsel for the petitioners that petitioner no.1 admits his marriage with the informant and petitioner no.2 with younger sister of the informant. Both the
Patna High Court Cr.Misc. No.20785 of 2016 (2) dt.10-05-2016 2/3 petitioners are ready to keep their wives with full dignity and honour. A statement to that effect has been made in paragraph 8 of the petition, which reads as under :- "That in spite of this the petitioners undertake and are ready to keep the informant and her sister with full honour and dignity as a duly wedded wife."
Considering the present stand of the petitioners, let the above named petitioners be released on provisional anticipatory bail for six months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Ara, in connection with Bhojpur Mahila P.S. Case No.211/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the informant and her younger sister for their appearance. On their appearance, both the petitioners will take both the victims to keep them as wife with full dignity and honour.
The provisional bail of the petitioners will be confirmed by learned court below in three eventualities (i) if the matrimonial
Patna High Court Cr.Misc. No.20785 of 2016 (2) dt.10-05-2016 3/3 harmony is substantially restored (ii) if the informant and her younger sister fail to appear before the learned court below or (iii) if the informant and her younger sister get reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Ashwini/- U T