Abhishek Kumar Singh @ Abhishek Kumar @ Banti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38760 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- SALIMPUR District- Patna ====================================================== ABHISHEK KUMAR SINGH @ ABHISHEK KUMAR @ BANTI S/O LATE RAM AKEBAL SINGH R/O Mohalla- Rukanpura, P.S- Salimpur, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra, Adv.
For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2023 Heard Mr. Shashank Chandra, learned counsel for the petitioner and Mr. Anant Kumar-1, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Salimpur PS Case No. 276/2022 dated 05.12.2022 registered for the offence punishable under Sections 306 read with Section 34 of the IPC.
3. As per FIR, due to some money dispute, which was being demanded by the petitioner from the husband of the informant, elder brother-in-law of the informant has committed suicide. It has further been alleged that on 25.10.2022, the petitioner along with other accused persons called father-in-law of the informant and pressurized him to sign on stamp paper
Patna High Court CR. MISC. No.38760 of 2023(2) dt.28-07-2023 2/3 stating that if a sum of Rs. 7,50,000/- is not returned, the house of the informant's father-in-law would be transferred in the name of the petitioner.
4. Learned counsel for the petitioner submits that the deceased had not taken any loan from the petitioner rather it was the husband of the informant who had taken loan and the petitioner was demanding his money back due to which elder brother-in-law of the informant committed suicide. He further submits that co-accused persons have been granted anticipatory bail by the learned Additional District & Sessions Judge-IV, Barh, Patna but the anticipatory bail application of the petitioner has been rejected on the ground that the petitioner was forcing the deceased to transfer the house in his name whereas there is no specific allegation against the petitioner that he demanded any amount or forced him to transfer the house in the name of the petitioner. He also submits that petitioner has got clean antecedent.
5. Regards being had to the submissions made by the parties, taking into consideration the nature of allegation and the fact that the co-accused persons have been granted anticipatory bail by the court below itself, I am inclined to grant anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.38760 of 2023(2) dt.28-07-2023 3/3
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, 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 learned Judicial Magistrate- 1st Class, Barh, Patna in connection with Salimpur PS Case No. 276/2022, subject to the condition as laid down under Section 438(2) CrPC.
7. Petitioner is expected to co-operate in the inquiry as well as in the trial properly.
(Anil Kumar Sinha, J) perwez U T