Bulbul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11141 of 2023 Arising Out of PS. Case No.-328 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.
BULBUL SINGH W/o Ranvijay Singh R/o Village- Rai Patti, P.O. and P.S.- Dighawara, Distt- Saran.
2.
Rinku Singh W/o Bipin Kumar Singh R/o Village- Rai Patti, P.O. and P.S.- Dighawara, Distt- Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandan Kumar S/o Late Satyendra Kumar Singh R/o - Sonpur Siddhanath Chowk, P.S.- Sonpur, Distt- Saran, Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ankit Katriar For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 406, 120(B) of the Indian Penal Code, 1860 and sections 3 & 4 of Dowry Prohibition Act.
The prosecution story, in brief is that the informant settled the marriage of his sister with co-accused Mukesh Kumar Singh. Rs.15,00,000/- was given as gift to the father of the groom, and Rs.3,00,000/- was spent on showing the bride. It is alleged that prior to the date of tilak, the groom and his father came to the house of the informant and demanded a four
Patna High Court CR. MISC. No.11141 of 2023(3) dt.05-04-2023 2/3 wheeler otherwise the marriage would not be solemnized. It is further alleged that when the informant's side went to the house of the accused persons, they assaulted and abused them and also clearly stated that if Rs.5,00,000/- (cost of four wheeler) is not given, the marriage will not be solemnized. On hearing this, the father of the informant went into depression and due to which, he died on 12.05.2021.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioner no.1 and petitioner no.2 are the daughter-in-laws of co-accused Birendra Prasad Singh (accused no.2 in FIR). sHe further submits that similarly situated coaccused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.12.2021 passed in Cr. Misc. No.61844 of 2021 and Cr. Misc. No.58372 of 2021 respectively. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Patna High Court CR. MISC. No.11141 of 2023(3) dt.05-04-2023 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Sonepur P.S. Case No.328 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