Shyam Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.32035 of 2017 (4) dt.06-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32035 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA P.S. District- BHAGALPUR ====================================================== Shyam Kumar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra, Advocate For the Opposite Party/s : Mr. Sri Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mahila Thana (Bhagalpur) Police Station Case No. 17 of 2017, disclosing offences under Sections 498(A), 341, 323, 420 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. As a matter of fact, the marriage of petitioner with Santoshi Kumari has solemnized in the year 1996 and two children out of their bed-lock have been born. The petitioner has never married with the daughter of the informant nor any demand of dowry has been ever made by the petitioner. In fact, the daughter of the informant was already married with one Dilip Kumar Singh in the year 2002 and subsequently, in the year 2017 again married with one Ram Vinod Singh, which is

Patna High Court Cr.Misc. No.32035 of 2017 (4) dt.06-09-2017 evident from annexure-3, 4 and 5. This fact has also been suppressed by the informant while lodged the complaint against the petitioner. The petitioner has falsely been implicated in this case on the forged and frivolous grounds and in this regard the petitioner has also filed representation before the I.G., Bhagalpur, which is evident from annexure-6. Therefore, no case under Section 498(A), 341, 323, 420 and 506 of the Indian penal Code is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Bhagalpur Mahila Police Station Case No. 17 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T