Navendu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38784 of 2019 Arising Out of PS. Case No.-835 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NAVENDU SINGH, Son of Nand Kishor Singh, Resident of Village - Rampur, P.O. - Ramauli, P.S.- Patepur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 384 and 386 of the Indian Penal Code.

Allegation against the petitioner is that marriage of informant was solemnized with petitioner and she is a government teacher after that she was subjected to torture and cruelty by her husband and other in-laws. It is further alleged that earlier informant purchased an Active Scooty on instalments and the brother and father of the informant tried to take that Scooty from her matrimonial home but the accused persons refused to give Scooty and further alleged that the informant is paying the instalments of the Scooty.

Patna High Court CR. MISC. No. 38784 of 2019(5) dt.27-02-2020 2/3 Learned counsel for the petitioner submits that the coaccused husband of the informant has been granted anticipatory bail by the Co-ordinate Bench of this Court passed in Cr. Misc. No. 28520/2019 dated 17.07.2019. The petitioner is father-inlaw of the informant and as such he has been made accused in this case. The petitioner is doctor and has his own source of income and not dependent on either on his son or informant. It is further submitted that offence of 379 of Cr.P.C. is made out against the petitioner and the petitioner was no concerned with the Scooty hence this section is not applicable. Learned counsel for the complainant as well as APP have vehemently opposed the prayer for bail.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 835 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be

Patna High Court CR. MISC. No. 38784 of 2019(5) dt.27-02-2020 3/3 properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) amitkumar/- U T