Ajay Shankar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75298 of 2018 Arising Out of PS. Case No.-3390 Year-2015 Thana- SARAN COMPLAINT CASE DistrictSaran ======================================================
1. Ajay Shankar Singh, S/o Shri Hare Ram Singh,
2. Hare Ram Singh, S/o Late Dev Prasad Singh,
3. Asha Devi, W/o Sri Hare Ram Singh, All are Resident of Village- Karn Chapra, P.S.- Dokti, District- Ballua (U.P.). ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Pinki Devi, W/o Shri Ajay Shankar Singh, Resident of Village- Karn Chapra, P.S. Dokti, District Balia (U.P.) at present D/o Umesh Kumar Singh, Resident of Village- Nawada Thamwa, P.S.- Rasoolpur, District- Saran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are apprehending their arrest for the offences punishable under Section 498 (A) of the Indian Penal Code. It is submitted by counsel for the petitioners that brotherin-law of the complainant has already been allowed anticipatory bail by the Court below. There are general and omnibus allegation against the petitioners no. 2 and 3 who is father-inlaw and mother-in-law of the complainant. The father-in-law and mother-in-law have no concern with the affairs of the petitioner no. 1 who is husband of the complainant.
Patna High Court Cr.Misc. No.75298 of 2018(2) dt.19-12-2018 2/3 In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners no. 2 and 3 is allowed. Let the petitioners no. 2 and 3 in the event of their arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Saran, Chapra in Complaint Case No. 3390 of 2015, Trial No. 1899 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
(i)That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.
(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In so far as prayer for anticipatory bail of the petitioner no. 1 is concerned, this Court would observe that he being husband cannot absolve himself of his responsibilities in respect
Patna High Court Cr.Misc. No.75298 of 2018(2) dt.19-12-2018 3/3 of the complainant.
The prayer for anticipatory bail of the petitioner no. 1 is therefore, rejected.
(Madhuresh Prasad, J) Prakash/- U