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Patna High CourtCR. MISC./35312/2022allowed

Mantu Singh @ Ram Ekbal Singh v. The State Of Bihar

2022-09-27Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35312 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

MANTU SINGH @ RAM EKBAL SINGH Son of Yamuna Singh Resident of village - Marchi, P.S.- Bhagwanpur, District - Kaimur at Bhabua 2.

Yamuna Singh Son of Chhedi Singh Resident of village - Marchi, P.S.- Bhagwanpur, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 304(B)/34 of the Indian Penal Code.

Allegedly, three years ago the daughter of the informant namely, Sangeeta Kumari was married with Vijay Singh son of Jamuna Singh. It is alleged that ten days ago Vijay Singh husband of his daughter, father in-law Jamuna Singh, brother in-

Patna High Court CR. MISC. No.35312 of 2022(2) dt.27-09-2022 2/3 law Mantu Singh and Singasan Singh has asked money one Lakh through mobile phone and they have given threading him to dire consequences if he don't give the same money to them. It is further alleged that on 06.02.2022 his daughter has informed him that due expenditure of money in her treatment some altercation is going on in her family. It is further alleged that on 07.02.2022 when he has called on the mobile phone of his daughter but she did not receive his called then the informant called on the mobile phone of Vijay Singh who informed him that his daughter have died thereafter informant went there then found her other family members were disappeared, further detail has been in the first information report.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner no. 1 is younger brother of the husband of deceased and petitioner no. 2 is father in-law of deceased. Petitioners have no criminal antecedent. Learned counsel further submits that similarly situated co-accused namely Sigasan Singh has been granted anticipatory bail vide order dated 13.09.2022 passed in Cr. Misc. No. 30738 of 2022.

Patna High Court CR. MISC. No.35312 of 2022(2) dt.27-09-2022 3/3 Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bhabhua P.S. Case No. 65 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ravishankarkr/- U T