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Patna High CourtCR. MISC./7753/2020bail granted

Anand Singh v. The State Of Bihar

2020-06-26Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7753 of 2020 Arising Out of PS. Case No.-452 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

ANAND SINGH Son of Late Prasidh Narayan Singh Resident of House No. B-32/20 KH Nariya, P.S.- Lanka, District - Varanasi, U.P. 2.

Binda Singh Wife of Anand Singh Resident of House No. B-32/20 KH Nariya, P.S.- Lanka, District - Varanasi, U.P. 3.

Pragya Singh Daughter of Anand Singh Resident of House No. B-32/20 KH Nariya, P.S.- Lanka, District - Varanasi, U.P. 4.

Kaushikee Singh @ Nikki Wife of Anit Singh Daughter of Anand Singh, Resident of House No. B-32/20 KH Nariya, P.S.- Lanka, District - Varanasi, U.P. Present address - resident of village - Ram Nagar, Bharasara, P.S.- Jafrabad, District - Jaunpur, U.P.

5.

Anit Singh Son of Prem Bahadur Singh Resident of Village - Ramnagar, Bharasara, P.S.- Jafrabad, District - Jaunpur, U.P. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Mrs. Nirmala Kumari, learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No. 452 of 2019 for the offence registered under Sections 341, 323, 354-A, 379, 498A/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.7753 of 2020(3) dt.26-06-2020 2/3 The allegation is regarding the accused persons, who are the in-laws of the victim girl and the husband of the victim girl having engaged in torturing and beating the victim girl on account of non-fulfillment of the demand for dowry and ultimately the petitioners are stated to have been thrown out of her matrimonial home.

The learned counsel for the petitioners has submitted that the petitioners are innocent and as far as petitioner no. 1 is concerned, he is the father-in-law of the victim girl, petitioner no. 2 is the mother-in-law, petitioner no. 3 is unmarried sisterin-law and petitioner no. 4 is married sister-in-law of the victim girl and petitioner no. 5 is the husband of the petitioner no. 4. It is further submitted that if at all anyone is having any complicity in the matter, it is the husband of the victim girl, and not the petitioners herein. The petitioners are stated to be having clean antecedents. Lastly, it is submitted that only after the husband of the victim girl has filed a divorce case, the present frivolous FIR has been lodged by the victim girl. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the

Patna High Court CR. MISC. No.7753 of 2020(3) dt.26-06-2020 3/3 petitioners and taking into account the fact that the petitioners are the in-laws of the victim girl and the main accused is stated to be the husband, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, District-Rohtas in connection with Bikramganj P.S. Case No. 452 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T