Kumar Satyam Singh @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35941 of 2024 Arising Out of PS. Case No.-83 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== Kumar Satyam Singh @ Sonu SON OF SUDHAKAR SINGH RESIDENT OF VILLAGE - KUMHARKOL, BUJURG, POLICE STATION - DESARI, DISTRICT -VAISHALI ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PREMLATA KUMARI WIFE OF KUMAR SATYAM SINGH D/O Late Awadh Narayan Singh RESIDENT OF VILLAGE - GAURI CHAK, POLICE STATION - GAURI CHAK, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323 and 498(A)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that notices were issued by order dated 02.08.2024 and the same was received by the brother of the opposite party no. 2 for which a jointness application has been filed.
4. In view of the fact that the jointness application has been filed stating therein that opposite party no. 2 is residing
Patna High Court CR. MISC. No.35941 of 2024(4) dt.22-11-2024 2/3 with her brother, the notice is deemed to have been validly served.
5. Learned counsel for the petitioner submits that petitioner, being the husband, has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation is general and omnibus in nature. It is next submitted that the FIR came to be instituted after more than six years of marriage. It is also submitted that petitioner still is willing to keep the informant with honour and dignity but then informant is not showing interest in reviving her conjugal relationship. It is submitted that police in a mechanical manner submitted charge-sheet against the petitioner.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.35941 of 2024(4) dt.22-11-2024 3/3 case is pending/successor court in connection with Mahila P.S. Case No. 83 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify as to whether charge-sheet against the petitioner has been submitted or not and if it is found that charge-sheet has not been submitted, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T