Pappu Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29256 of 2016 Arising Out of PS.Case No. -885 Year- 2015 Thana -VAISALI COMPLAINT CASE District- VAISHALI (HAJIPUR) =====================================
1. Pappu Singh, S/o Sonelal Singh, R/o Village- Chandpura Saidabad, P.S.- Bidupur, in the district of Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Savitri Devi, W/o Meghnath Singh, R/o vill:-Chandpur Saidabad, Post- Mohanpur, P.S. Bidupur, in the district of Vaishali. At Present C/o Ram Vinay Rai, Vill.:- Inayatpur Dhamaun, P.S- Patori in the district of Samastipur. .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Rajoday Satyjeet For the Opposite Party/s : Mr. Akshay Lal Pandit ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 885 of 2015 (Trial No. 283 of 2016), disclosing offences under Sections 341, 342, 354 and 506 read with Section 34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.29256 of 2016 (2) dt.20-08-2016 2/3 Complaint petition filed by opposite party No. 2 is the basis for registration of the First Information Report, under Section 156(3) of the Code of Criminal Procedure. The complainant, who is opposite party No. 2 herein, has alleged in the complaint petition that her husband is an alcoholic and under the influence of alcohol, he is in habit of torturing her and committing marital rape. Learned counsel for the petitioner has submitted that the petitioner has been wrongly made accused only because the husband of the complainant has executed a sale-deed in favour of the petitioner with respect to a piece of land.
I find substance in the submission made on behalf of the petitioner. This application is, accordingly, allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Vaishali, Hajipur, in connection with Complaint Case No. 885 of 2015 (Trial No. 283 of 2016), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the
Patna High Court Cr.Misc. No.29256 of 2016 (2) dt.20-08-2016 3/3 petitioner, above named, shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T