Narendra Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36647 of 2019 Arising Out of PS. Case No.-2071 Year-2018 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1.
NARENDRA KUMAR SINHA Son of Late Nand Kishore Prasad Sinha Residents of Mohalla- Dundi Bajar, P.S.- Chowk, District- Patna 2.
Usha Sinha W/o Sri Narendra Kumar Sinha Residents of Mohalla- Dundi Bajar, P.S.- Chowk, District- Patna ... ... Petitioners
Versus
1.
THE STATE OF BIHAR 2.
Chanda Sinha W/o Shashi Ranjan Sinha, D/o Sushil Kumar Prasad R/o Govind Mitra Road, Sharda Prasad Ghosh Lane, P.S.- Pirbahore, DistrictPatna ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar Mouar, Advocate.
For the O.P. No. 2 :
Mr. Harsh Vardhan, Advocate.
For the State : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-09-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act registered in connection with Complaint Case No. 2071(C) of 2018.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the parents-in-law of the complainant. The accusations are general and omnibus in nature without any specific overt act alleged individually except
Patna High Court CR. MISC. No.36647 of 2019(5) dt.06-09-2019 2/3 to the extent of assault by the husband. It is further submitted that the petitioners have been living separately from the complainant and her husband as evident from the legal notice dated 03.05.2018 sent through counsel of the husband of the complainant.
4. Learned counsel for the complainant appears and submits that that the complainant is ready to live with the petitioners and her husband if she is kept with due dignity and honour.
5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 2071(C) of 2018, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves
Patna High Court CR. MISC. No.36647 of 2019(5) dt.06-09-2019 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 2 shall be well represented in Court on each and every date during trial except as and when directed by the learned court below to be physically present and petitioner no. 1 shall remain physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T