Umesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17335 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -DAUDPUR District- SARAN ======================================================
1. Umesh Singh S/o Mithun Singh @ Manoranjan Singh,
2. Mithun Singh @ Manoranjan Singh S/o Paras Singh,
3. Poonkalo Devi W/o Mithu Singh All resident of Village- Banwar Bangara, P.S.- Daudpur, District- Saran at Chapra
4. Munni Devi, w/o Araj Singh, resident of Village- Tajpur Phulwariya, P.S.- Manjhi, District- Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2016 Learned counsel for the petitioners is permitted to make correction in the address of petitioner No. 4. A supplementary affidavit to that effect has been filed. Let it be kept on the record.
Petitioners being brother, parents and sister of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 354, 376, 307, 34 of the Indian Penal Code. The prosecution case is that the informant got married with Brijmohan Singh in the year 2008 but subsequently torture was inflicted for further non-fulfilment of dowry demand. It is alleged that in 2009, on the eve of holi the brother of the husband of the informant Araj Singh ravished
Patna High Court Cr.Misc. No.17335 of 2016 (3) dt.27-04-2016 2/2 the informant and subsequently petitioner No. 1 Umesh Singh also tried to ravish the informant. It is also alleged that in the absence of the husband the accused persons got the pregnancy of the informant terminated.
It is submitted by learned counsel for the petitioners that accusation against the petitioners is omnibus and general. So far as accusation under Section 376 I.P.C is concerned, it has been alleged against Araj Singh. The said offence alleged to have been committed in 2009 for which the F.I.R was registered in 2015. It is further submitted that for the medical problem the informant was treated at her husband's house in between 2009-2015.
Considering the thrust of accusation against Araj Singh, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Daudpur P.S. Case No. 185 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T