Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.446 of 2022 Arising Out of PS. Case No.-227 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== SANTOSH SINGH Son of Sachidanand singh Resident of Village - Sondho Patti, Police Station - Sakra, District - Muzaffarpur. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Chandani Devi Ram Sagar Rai Resdident of Village- Krishanwara, P.S.- Patepur, District- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rakesh Prabhat For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024

1. Heard learned counsel for the appellant, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. An order, dated 15.01.2022, passed by learned Special Judge SC/ST, Vaishali at Hajipur, in ABP No. 3560 of 2021, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Patepur Police Station Case No. 227 of 2020 Sections 323/498-A of the Indian Penal Code, Section 4 of the Dowry Prohibition Act and Section 3 (1)

2/4 (r)(s) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.

3. As per the prosecution the marriage of the opposite party no. 2 was solemnized with the son of the appellant about four years back. After some time of the marriage, the accuse persons, started abusing the informant by calling her caste name and also pressurized her to bring a sum of Rs. One Lakh and a motorcycle as dowry. The marriage was inter-caste marriage and out of the wedlock, informant and the appellant's son Vishal Singh, two children were born. It has further been alleged that the informant was being called by her caste name inside the house of the appellant.

4. Learned counsel for the appellant submits the appellant is father-in-law of the informant and that the present First Information Report has been lodged due to matrimonial dispute between the husband-appellant's son and the wife-informant. He next submits that the dispute has amicably been settled between husband and wife and a joint application for compromise has already been filed duly signed by the informant and accused persons, including the appellant before learned Special Judge

3/4 SC/ST, Vaishali at Hajipur.

5. Learned counsel for the informant submits that a joint application for compromise between the appellant's sonhusband and informant-wife has been filed on 13.02.2023 before the Special Judge SC/ST, Vaishali at Hajipur.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact the dispute arose due to marriage discord between husband and wife, appellant is father-in-law of the informant and the parties have amicably settled their matrimonial dispute by way of filing joint compromise, I am inclined to grant the appellant privilege of anticipatory bail.

7. This appeal is, accordingly, allowed and the order, dated 15.01.2022, passed by learned Special Judge SC/ST, Vaishali at Hajipur, in ABP No. 3560 of 2021, is set aside.

8. Let the appellant, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Special Judge SC/ST, Vaishali at Hajipur, in connection with Patepur Police Station Case No. 227 of 2020, subject to the condition

4/4 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T