Wasant Lal Singh @ Basant Lal Singh @ Basant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14607 of 2020 Arising Out of PS. Case No.-707 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

WASANT LAL SINGH @ BASANT LAL SINGH @ BASANT SINGH Son of Late Rati Lal Singh Resident of Village - Gamhariya, Madanpur, P.S.- Araria (Madanpur O.P.), District - Araria 2.

Gujari Devi @ Niya Devi Wife of Wasant Lal Singh @ Basant Lal Singh Resident of Village - Gamhariya, Madanpur, P.S.- Araria (Madanpur O.P.), District - Araria 3.

Arti Devi Wife of Sanjay Singh D/o Wasant Lal Singh @ Basant Lal Singh, Resident of Village - Gamhariya, Madanpur, P.S.- Araria (Madanpur O.P.), District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2020 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 Sri Vishwajeet Singh, the learned counsel for the petitioners and Sri Ajay Kumar No.2, the learned APP appearing for the State. This is an application for grant of anticipatory bail in connection with Araria (Madanpur) P.S. Case

2/4 No. 707 of 2019 registered for the offence punishable under Sections 498(A), 323 and 364 of the Indian Penal Code.

The allegation is regarding the marriage of the daughter of the complainant having been solemnized with the accused person, namely, Bablu Singh, however subsequently, he started demanding dowry and also engaged in harassing the daughter of the complainant on account of non-fulfillment of the demand for motorcycle and cash amount of Rs. 1,00,000/-. It is further alleged that the daughter of the complainant along with her child has been thrown out of the matrimonial home and the daughter of the complainant is traceless.

The learned counsel for petitioners has submitted that the petitioner no. 1 is the father-inlaw, petitioner no. 2 is the mother-in-law and petitioner no. 3 is the married sister-in-law of the daughter of the informant and the fact is that they are residing separately, hence, they are having no complicity in the matter. It is further submitted

3/4 that if at all anyone is having complicity in the matter, it might be the husband of the daughter of the informant. Nonetheless, it is submitted that earlier also, the daughter of the informant had fled away from the house of the son of the petitioner no. 1 for which a case bearing Araria (Madanpur) P.S.Case No. 151 of 2018 dated 21.3.2018 regarding the daughter of the informant having been missing was lodged and the daughter of the informant was recovered from her parental house and it transpired that she had gone to Ludhiyana under the influence of some other person. It is further submitted that the petitioners have got the information that the daughter of the informant has solemnized second marriage and is residing in Nepal.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the petitioners are in-

4/4 laws of the victim lady and they are residing separately as also they are having a clean antecedent, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Madanpur) P.S.Case No. 707 of 2019 (G.R.No. 3112 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T