Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43572 of 2021 Arising Out of PS. Case No.-1004 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

ASHOK KUMAR SINGH Son of Late Anirudh Prasad Singh Resident of village and P.O. - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea - At present -A Type Quarter Gudhi, P.O. - Pala Chourai (Ek Lehra), P.S. - Junardeo, District - Chhindwara.

2.

Vishal Kumar Singh Son of AShok Kumar Singh Resident of village and P.O. - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea - At present -A Type Quarter Gudhi, P.O. - Pala Chourai (Ek Lehra), P.S. - Junardeo, District - Chhindwara.

3.

Kavita Singh Daughter of AShok Kumar Singh Resident of village and P.O. - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea - At present -A Type Quarter Gudhi, P.O. - Pala Chourai (Ek Lehra), P.S. - Junardeo, District - Chhindwara.

4.

Anita Singh Wife of AShok Kumar Singh Resident of village and P.O. - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea - At present -A Type Quarter Gudhi, P.O. - Pala Chourai (Ek Lehra), P.S. - Junardeo, District - Chhindwara.

5.

Manjita Singh Wife of Vishal Kumar Singh Resident of village and P.O. - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea - At present -A Type Quarter Gudhi, P.O. - Pala Chourai (Ek Lehra), P.S. - Junardeo, District - Chhindwara.

6.

Ekta Singh Daughter of AShok Kumar Singh and Wife of Bibhakar Singh Resident of Village - Rahuya Mani, P.O. - Rahuya Mani, District - Saharsa, at present residing at House No. 19, Gandhi Nagar, Boring Nagar Road, Patna, Bihar -800001.

7.

Bibhakar Singh Son of Satyendra Narayan Singh Resident of Village - Rahuya Mani, P.O. - Rahuya Mani, District - Saharsa, at present residing at House No. 19, Gandhi Nagar, Boring Nagar Road, Patna, Bihar -800001. 8.

Nirbhay Kumar Singh Son of Late Anirudh Prasad Resident of Village - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea. 9.

Ajay Kumar Singh Son of Late Anirudh Prasad Singh Resident of Village - Banshi Purandaha, P.S. - Dhamdaha, District - Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Devendra Kumar Singh Son of Late Banke Prasad Singh Resident of Mohalla Krishnapatti, P.S. - Jamui, District - Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP

Patna High Court CR. MISC. No.43572 of 2021(2) dt.11-04-2022 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 504, 323, 379/34 of the Indian Penal Code.

Prosecution case, in short, is that the son of the complainant, namely, Saurav Kumar Singh was married with petitioner No.3. Petitioner No.1 caught hold of the informant and petitioner No.2 on the point of country made pistol forced the complainant to sign on blank stamp paper. Petitioner No.3 took key of almirah and stole jewellary worth Rs.1 lac. 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 present prosecution has been brought on the basis of complaint. Prior to institution of the present case, there was a case instituted for an offence under Section 498A of I.P.C.

Patna High Court CR. MISC. No.43572 of 2021(2) dt.11-04-2022 3/3 and other allied Sections by petitioner No.3. The present case is in retaliation to the earlier case filed by petitioner No.3. The son of the complainant was married with the petitioner No.3. The matter relates to dispute between the husband and wife. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned Additional Chief Judicial Magistrate 5th, Jamui in connection with Complaint case No.1004C/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T