Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41181 of 2019 Arising Out of PS. Case No.-5258 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.
SANJAY SINGH Son of Yogendra Singh 2.
Gita Devi Wife of Sanjay Singh 3.
Yogendra Singh Son of Akshaywar Singh All Resident of Village- Morwan Kshetera Ghurahu Chhapra, P.O. and Police Station- Ramkola, District- Kushi Nagar (Uttar Pradesh) ... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi, aged about 28 years, Female, W/o Ranvijay Singh, D/o Nakha Singh, Resident of village Morwan Kshetera Ghurahu Chhapra, P.O. and Police Station- Ramkola, District- Kushi Nagar (Uttar Pradesh), presently residing at Uchkagaon, P.S.- Kuchaikot, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Prasad Gupta For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 The petitioners apprehend their arrest in connection with Complaint Case No. 5258 of 2016 in which cognizance under Sections 147,323,406 and 498A of the Indian Penal Code has been taken by the learned Magistrate.
Prosecution story, as per complaint, is that marriage of the complainant was solemnised with co-accused Ranvijay Singh, son of petitioner no. 3 and it is alleged that accused persons including the petitioners demanded dowry from her and her parents and due to non-fulfillment of the same, the complainant was being tortured psychically as well as mentally and finally on 17.10.2016, she was ousted from her matrimonial home by
Patna High Court CR. MISC. No.41181 of 2019(4) dt.20-09-2019 2/3 the petitioners and others.
Learned counsel appearing on behalf of the petitioners submits that petitioner no. 1 is elder brother of the husband of the complainant, petitioner no. 2 is wife of petitioner no. 1 and petitioner no. 3 is father-in-law of the complainant. He submits that there is general and omnibus allegation against the petitioners and they are family members of the husband of the complainant.
On the other hand, learned counsel for the O.P.No. 2 vehemently opposes the prayer for anticipatory bail and submits that as per complaint, all the accused persons tried to administered poison in the mouth of the complainant. Having regard to the submissions made by the parties and taking into consideration the fact that petitioners are father-inlaw, brother-in-law and Gotani of the complainant, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Complaint Case No. 5258
Patna High Court CR. MISC. No.41181 of 2019(4) dt.20-09-2019 3/3 of 2016; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T