Shashank Shekhar Singh @ Shashank Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31508 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== SHASHANK SHEKHAR SINGH @ SHASHANK SHEKHAR Son of Braj Bihari Singh Resident of Jahanatikar, P.O.- Nandlalpur, P.S. - Kahalgaon, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJNANDANI SINGH D/o- Arvind Singh Resident of village - Topra Tola, P.O.- Sirmatpur, P.S.- Pirpainti, District - Bhagalpur at present resident of Dhanpura, P.O.- Arrah Town, District - Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar Mr. Aditya Narain Singh No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsels for the parties The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A)/ 34 of the I.P.C. and u/s 3/4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim and he is ready to keep his wife with full honour and dignity. There is no allegation of tampering with the

Patna High Court CR. MISC. No.31508 of 2022(3) dt.01-05-2023 2/2 witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent.

Learned counsel for the State and the informant opposed the prayer for anticipatory bail and submitted that petitioner is husband of the informant and he is named in the FIR and there is direct and specific allegation against him that he tortured his wife due to non-fulfilment of demand of dowry. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon PS case No. 140/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T