Ramji Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 17973 of 2016 Arising out of P.S. Case No. - 98 Year - 2015 Thana - SAHJAHANPUR District - PATNA ======================================================
1. Ramji Singh, Son of Late Tej Pratap Singh, Resident of Village - Tope, P.S. - Shahjahanpur, District - Patna (Bihar)
2. Deepak Kumar, Son of Ashok Prasad Singh @ Ashok Kumar, Resident of Village - Chhitar Bigha, P.S. - Karai Parsurai, District - Nalanda at Biharsharif (Bihar) at present resident of village - Tope, P.S. - Shahjahanpur, District - Patna (Bihar) .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rakesh Kumar, Advocate For the Opposite Party : Mr. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-07-2016 Heard both sides.
The petitioners apprehend their arrest in Shahjahanpur P.S. Case No. 98 of 2015 registered for the offences punishable under Sections-341, 323, 504, 354/34 of the Indian Penal Code and Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989.
The informant alleged that the petitioners assaulted her and also tried to outrage the modesty of her daughter. It is submitted that Kumari Kanchan Lata the daughter of the informant was married with petitioner no. 2 on 30.11.2015 before the Notary Public. The marriage was also solemnized in a temple. Kumari Kanchan Lata lodged a case bearing Shahjahanpur P.S. Case No. 99 of 2015 on 31.12.2015, in which she admitted that
Patna High Court Cr.Misc. No.17973 of 2016 (3) dt.15-07-2016 2/2 she was married with petitioner no. 2 and while she was in the house of maternal grand-father of her husband her relatives came and assaulted and on account of this dispute, the present case has been lodged.
Learned counsel for the informant, however, objected the prayer for anticipatory bail and submitted that the petitioners themselves gave a petition before the Mahila Ayog that they will have no relation with the victim Kumari Kanchan Lata. It appears that due to marriage between petitioner no. 2 and Kumari Kanchan Lata some quarrel took place between the two families and case and counter case has been filed.
Considering the facts aforesaid, the petitioners above named, 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, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patna City in connection with Shahjahanpur P.S. Case No. 98 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Kundan/- (Prabhat Kumar Jha, J) U T