Nawal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10683 of 2020 Arising Out of PS. Case No.-16 Year-2019 Thana- ARWAL MAHILA District- Jehanabad ====================================================== Nawal Singh Son Of Late Ramdhyan Singh Resident Of Village - Harna, P.O. - Injor, P.S.- Rampur Chauram, Distt - Arwal. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Babita Kumari Wife Of Nawal Singh Resident Of Village - Harna, P.O. - Injor, P.S.- Rampur Chauram, Distt - Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. A notice has been issued to the opposite party no. 2 but the opposite party no. 2 refused to receive the notice, so it shall be deemed to be validly served on opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 498A, 494, 506, 34 of the Indian Penal Code.

4. As per the prosecution case, it is alleged that the petitioner used to indulge in fight and mar-pit with the informant and also used to demand money from the informant and also started threatening to kill the informant and her son.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.10683 of 2020(5) dt.09-10-2023 2/2 general and omnibus in nature. He submits that the there is no specific overt act against the petitioner. He further submits that the informant herself is in Govt. job whereas the petitioner is unemployed and does menial work in Kuwait and for this reason the informant hates the petitioner and has deserted the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Considering the facts and circumstances of the case as well as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 connection with Arwal Mahila P.S. Case No. 16 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T