← Library
Patna High CourtCR. MISC./37996/2020bail granted

Krishna Singh v. The State Of Bihar

2021-04-15Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37996 of 2020 Arising Out of PS. Case No.-275 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.

KRISHNA SINGH, Son of Chandradeep Singh Resident of Village - Mothaha Baswaria Tola, P.S. - Madhaura, District - Saran. 2.

Meera Devi, Wife of Krishna Singh Resident of Village - Mothaha Baswaria Tola, P.S. - Madhaura, District - Saran.

3.

Priti Kumari @ Priti Devi, Daughter of Krishna Singh Resident of Village - Mothaha Baswaria Tola, P.S. - Madhaura, District - Saran. 4.

Birendra Mahto, Son of Ramashish Mahto Resident of Village - Mothaha Baswaria Tola, P.S. - Madhaura, District - Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2021 Heard Mr. Surendra Kumar Mishra, learned counsel for the petitioners and Mr. Shakir Ahmad, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mashrak P. S. Case No. 275 of 2019, dated 04.07.2019, instituted for the offences under Sections 195, 194, 196, 379 and 380 of the Indian Penal Code.

The informant is the mother of the son-in-law

Patna High Court CR. MISC. No.37996 of 2020(2) dt.15-04-2021 2/3 of petitioners no. 1 and 2 whereas petitioner no. 3 is the daughter-in-law of the informant. The petitioner no. 4 is the co-villager of petitioner nos. 1 and 2.

It has been alleged by the informant that petitioner no. 3 after her marriage came to her matrimonial home and after gaining confidence of the family members of the informant, took away all the valuables including jewellery and ran away with her brother.

The learned counsel for the petitioners has submitted that an absolutely false and concocted case has been lodged in retaliation to the case lodged against the informant and others vide Mashrak P. S. Case No. 198 of 2019.

Apart from this, it has been submitted that there has been an inordinate delay in lodging the subject F.I.R.

The petitioner no. 3 has been subjected to cruelty at the hands of the informant and others and

Patna High Court CR. MISC. No.37996 of 2020(2) dt.15-04-2021 3/3 when a case for this was lodged, the present / subject F.I.R. has been filed against all the family members of petitioner no. 3.

Considering the background facts and the nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - VI, Chapra in connection with Mashrak P. S. Case No. 275 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T