Govind Singh @ Govind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40045 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- MAHILA PS District- Gopalganj ====================================================== Govind Singh @ Govind Kumar Singh S/O Ramugrah Singh, R/O VillageChhitauna, P.S- Vijayepur, Distt.- Gopalganj. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rani Devi, female, aged about 22 years, W/o Govind Singh @ Govind Kumar Singh, presently residing at Deukha, PS- Bhore, Distt.- Gopalganj. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shashank Shekhar, Advocate For the Opposite Party :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-07-2024 Heard Mr. Shashank Shekhar, the learned counsel for the petitioner, the learned counsel for the complainant/informant and Mr.

Nityanand, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Gopalganj Mahila PS Case No. 51 of 2023, FIR dated 25.11.2023, registered for the offences punishable under Sections 341, 323, 498(A), 406, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

3.

According to the prosecution case, the complainant/informant was subjected to mental and physical torture by her in-laws over non-fulfillment of dowry demand

Patna High Court CR. MISC. No.40045 of 2024(2) dt.24-07-2024 2/3 and later she was also ousted from her matrimonial home for the same reason, while keeping all of her jewelries. 4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that owing to the intervention of family members and friends, the matter has been compromised and the complainant/informant is now living with the petitioner.

5.

The learned counsel for the complainant/informant as well as the Additional Public Prosecutor for the State support the contentions made by the learned counsel for the petitioner. 6.

Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gopalganj, where the case is pending in connection with Gopalganj Mahila PS Case No. 51 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and

Patna High Court CR. MISC. No.40045 of 2024(2) dt.24-07-2024 3/3 also the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). 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.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T