Madan Kumar Singh @ Madan Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79774 of 2018 Arising Out of Complaint Case No.-407 Year-2009 Thana- COMPLAINT CASE DistrictBanka ======================================================

1. Madan Kumar Singh @ Madan Singh Son of Sachidanand Singh

2. Nandika Devi Wife of Sachidanand Singh Both are Resident of Village - Barera, P.S.- Dhoraiya, District - Banka ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Anupama Devi Wife of Amar Singh Resident of Village - Barera, P.S.- Dhoraiya, District - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners, who are the elder brother of the husband of the complainant and mother-in-law of the complainant respectively, seek bail in anticipation of their arrest in connection with Complaint Case No. 407 of 2009 dated 25.03.2009 in which cognizance has been taken under Sections 498 (A) and 323 of the Indian Penal Code. Learned counsel for the petitioners has submitted that merely because of their relationship with the husband of the complainant, they have been made accused in this case.

Patna High Court Cr.Misc. No.79774 of 2018(2) dt.16-01-2019 2/2 The allegations against the petitioners are general in nature and do not inspire confidence. There is a domestic dispute between the spouses and the present implication of the petitioners appears to be a fall out of such domestic dispute. Considering the aforesaid facts, the petitioners, above-named, are directed to be released on 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 their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Banka in connection with Complaint Case No. 407 of 2009, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U