Anup Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50952 of 2021 Arising Out of PS. Case No.-110 Year-2014 Thana- DAWATH District- Rohtas ====================================================== ANUP SINGH S/o Chhotak Singh Resident of Village- Baruna, P.S.- Bihiya, District- Bhojpur (Ara), Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Mr.Rahul Kumar For the Opposite Party/s :

Mr. Khursid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Dawath Police Station Case No. 110 of 2014, registered for the offence punishable under Sections 498/379 of the Indian Penal Code.

The allegation, in nut shell, is that the petitioner induced the wife of the informant and eloped with her, along with cash of Rs. 20,000/- and ornaments worth Rs. 80,000/-. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with ulterior motive in order to extract money from the petitioner and the wife of the informant is residing in her matrimonial home. He

Patna High Court CR. MISC. No.50952 of 2021(2) dt.01-04-2022 2/3 further submits that the charge sheet in the case has been filed under Sections 498, 379 and 506 of the Indian Penal Code. He further submits that Sections 498 and 506 of the Indian Penal Code are bailable and so far as Section 379 of the Indian Penal Code is concerned, no specific allegation has been levelled against the petitioner that he has stolen the ornaments or cash and the maximum punishment under Section 379 of the Indian Penal Code is three years. He further submits that the petitioner is in custody since 20.04.2021 and charge sheet has been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that charge sheet has been submitted against the petitioner and the petitioner is in custody since 20.04.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Dawath Police Station

Patna High Court CR. MISC. No.50952 of 2021(2) dt.01-04-2022 3/3 Case No. 110 of 2014.

This is subject to the condition that the petitioner shall co-operate in the trial.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √