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Patna High CourtCR. MISC./35003/2019bail granted

Satyendra Kumar Singh @ Satendra Singh v. The State Of Bihar

2019-05-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35003 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- THAKRAHA District- West Champaran ====================================================== Satyendra Kumar Singh @ Satendra Singh Son of Late Harihar Singh Resident of Shop No. 9, Ground Floor, Plot - 9/C, Habib Manor, Namdeo Umaji, Bhalinge Marg, Sant Gadge, Mumbai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lilavati Devi Wife of Satyendra Singh Resident of Village - Thakrahan, P.S.- Thakrahan, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Tiwary For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Thakrahan P.S. Case No. 6 of 2019 registered for the offences under Section 498A and other sections of the Indian Penal Code. As per the allegation in the FIR, the informant was beaten up and abused by the petitioner. The torture started about two years ago. It is further stated that one Ajay Singh has gained confidence of the petitioner and has got executed a gift deed in his favour.

It is submitted by learned counsel appearing for the petitioner that the marriage of the petitioner with the informant was solemnized in the year 1977 i.e., almost 32 years ago. The reason for the present case is differences between the petitioner

Patna High Court CR. MISC. No.35003 of 2019(2) dt.30-05-2019 2/2 and his son which has led to filing of Partition Suit No. 125 of 2017 and the informant mother, in support of her son has filed the instant case which is an outcome of the said property dispute.

The application for bail has been opposed by learned APP for the State.

Having heard the learned counsel for the parties, especially in view of the fact that the allegation being levelled by the wife are after 32 years of marriage, I am inclined to enlarge the petitioner on bail. Let the petitioner namely, Satyendra Kumar Singh @ Satendra Singh surrender in the Court below within six weeks from today. In case of his arrest or surrender, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 10th, Bagha, West Champaran in connection with Thakrahan P.S. Case No. 6 of 2019 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U