Patna High CourtCR. MISC./56732/2017bail granted

Hemant Singh @ Chhotu Singh @ Hemant Kumar Singh And ANR v. The State Of Bihar

2017-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56732 of 2017 Arising Out of PS. Case No.-763 Year-2017 Thana- SAHARSA District- Saharsa ======================================================

1. Hemant Singh @ Chhotu Singh @ Hemant Kumar Singh son of Nityanand Singh

2. Amit Singh @ Amit Kumar singh @ Amit son of Ashok Singh, resident of Bhasti, ward No.03, Pararia, Police station Sonbarsa Raj, District Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Adv.

For the Opposite Party/s :

Mr. MURLIDHAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners are not the family members. They had only

Patna High Court Cr.Misc. No.56732 of 2017(2) dt.27-11-2017 2/2 participated in negotiation of marriage. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. case No.763 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T