Sanjay Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25217 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Sanjay Kumar Singh Son of Kameshwar Singh resident of village - Jogataya, P.S. Chandi, District - Bhojpur .... .... Petitioner
Versus
1. The State of Bihar
2. Rinki Devi D/o Sankar Singh Resident of village - Kholpur, P.S. Sandesh, District - Bhojpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Gopal Govind Mishra, Advocate For the Opposite Party No.1: Mr. T.P.Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 08-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Sanjay Kumar Singh, in connection with Bhojpur Mahila Police Station Case No. 46 of 2015 under Section 323/379/498A/504 read with Section 34 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 05.05.2015, passed, in A.B.P. No. 613 of 2015, by the learned Sessions Judge, Ara, dismissing the said application for pre-arrest bail. Heard Mr. Gopal Govind Mishra, learned Counsel for the petitioner, and Mr. T. P. Mandal, learned Additional Public Prosecutor, appearing on behalf of the State. It is the case of the petitioner that the petitioner's
Patna High Court Cr.Misc. No.25217 of 2015 (2) dt.08-07-2015 2/3 marriage was solemnized with the informant on 17.05.2013, the informant came to the petitioner's house on 19.05.2013 and the petitioner came to know on 20.05.2013 that the informant had been suffering from leprosy and, therefore, he instituted a suit, on 24.06.2013, seeking dissolution of marriage, which gave rise to Divorce Case No.169 of 2013 and, as a counter blast thereto, the present case has been lodged.
Considering the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner abovenamed shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Bhojpur Mahila Police Station, Ara. This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Bhojpur Mahila Police Station, Ara, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand
Patna High Court Cr.Misc. No.25217 of 2015 (2) dt.08-07-2015 3/3 disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Bhojpur Mahila Police Station, Ara. Send also a copy of this order, forthwith, to the Superintendent of Police, Ara, by fax.
(I. A. Ansari, J) Pawan/- U T