Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37941 of 2022 Arising Out of PS. Case No.-570 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== Satyendra Singh S/O Late Srinivas Singh Resident Of Village - Panjari, P.O.- Vasudev Dehri, P.S.- Dinara, District - Rohtas. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nikhil Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajeev Nagar P.S. Case no. 570 of 2021 instituted for the offence under Sections 341, 323, 376, 495, 120B, 506/34 of the Indian Penal Code.

The prosecution story in nutshell is that the informant met petitioner in 2010 and she had been sexually abused on false pretext of marriage by the petitioner and after she got pregnant subsequently there were two children from the wedlock. It is further alleged that with regard to property, the petitioner was forcing the informant to transfer the said property. It is further alleged that the petitioner was making the

Patna High Court CR. MISC. No.37941 of 2022(2) dt.30-11-2022 2/3 plans in collusion with other co-accused to kill her and disappear her body. It is further alleged that he had having first wife and without divorcing, there was a relationship with the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case by the informant. It is further submitted vide para 10 & 11 of the petitioner that a Domestic Violence Case No. 36(C) of 2021 has been filed under section 12 & 9 of the Women Protection Domestic Violence (43) of 2005 against the petitioner. In D.V. Case, it is mentioned in Para No.5 of the said complaint to the petitioner that, subsequent to the divorce from her ex-husband, the informant solemnized her marriage with the petitioner in 2011.

It is further submitted that the allegation to threat of life and rape are concerned, it would be clear by an application which has been filed by the informant under Section 13 of the Hindu Marriage Act. In the said matrimonial case, the informant has categorically stated that she was married after divorce in Vindhyachal to the petitioner and there were two children and from 2018 onward the informant and the petitioner are in dispute.

Patna High Court CR. MISC. No.37941 of 2022(2) dt.30-11-2022 3/3 for more than three years.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rajeev Nagar P.S. Case no. 570 of 2021, he will 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 learned A.C.J.M.-III, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T