Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.396 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== 1.

RAJESH KUMAR SINGH S/o Late Amarnath Singh Lathiya Kala, P.S.- Chandauli, Distt.- Chandauli (U.P.).

2.

Girja Shankar Singh S/o Late Chetan Singh R/o Vill.- Khadakpur, Devipura, Keshavpuram Colony Laxmi Mandir Road, Near Gautami Hotel, Bajpur Road, Udhham Singh Nagar (Utarakhand).

3.

Goldi Singh W/o Yogesh Kumar Singh R/o Chhittupr, Near Panchayat Bhawan Chhittupur, P.S.- Lanka, Distt.- Varanasi (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioners are apprehending their arrest in a case registered under Sections 498A, 420/34 of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioners have falsely been implicated in the present case. The case is triable

Patna High Court CR. MISC. No.396 of 2021(2) dt.08-04-2021 2/2 by the Magistrate. The petitioner No.1 is uncle-in-law, petitioner No.2 is cousin brother-in-law and petitioner No.3 is sister-in-law of the victim. They are separate in mess and property from the husband of the victim. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Kaimur, Bhabhua in connection with Mahila P.S. case No.21 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T