Shambhu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21419 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== 1.

SHAMBHU KUMAR SINGH S/O LATE MAHENDRA PRASAD SINGH R/O VILLAGE- WARISPUR, P.S- BHAGWANPUR, DISTT.- VAISHALI AT PRESENT RESIDING AT HOUSE NO. 735, BANTA NAGAR ADITYAPUR-2, P.S- R.I.T., DISTT.- SARAYKELA KHARSAWAN, JHARKHAND-831013.

2.

MANJU SINGH W/O SHRI SHAMBHU KUMAR SINGH R/O VILLAGEWARISPUR, P.S- BHAGWANPUR, DISTT.- VAISHALI AT PRESENT RESIDING AT HOUSE NO. 735, BANTA NAGAR ADITYAPUR-2, P.SR.I.T., DISTT.- SARAYKELA KHARSAWAN, JHARKHAND-831013. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Shankar Thakur, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

Mr. Anuj Kumar, Adv.

Mr. Aditya Pandey, Adv.

Mr. Shyam Kishore, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard Mr. Shambhu Shankar Thakur, learned counsel for the petitioners, Mr. Dilip Kumar No.1, learned A.P.P. for the State and Mr. Anuj Kumar, learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 34, 307, 313, 323, 341, 354B, 379, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Allegedly, all the FIR named accused persons including the petitioners are said to have tortured upon the informant

Patna High Court CR. MISC. No.21419 of 2024(3) dt.18-09-2024 2/3 physically and mentally and ousted her from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Petitioners are father-in-law and mother-in-law of the informant, respectively. They neither committed any offence as alleged in the FIR nor tortured the informant for demand of dowry. It is further submitted that the husband of the informant is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since husband of the informant is in judicial custody, 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

Patna High Court CR. MISC. No.21419 of 2024(3) dt.18-09-2024 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Lalganj P.S. Case No. 253 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T