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Patna High CourtCR. MISC./30471/2018allowed

Babloo Singh And ORS v. The State Of Bihar

2018-12-10Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30471 of 2018 Arising Out of PS. Case No.-167 Year-2017 Thana- DIDARGANJ District- Patna ======================================================

1. Babloo Singh,

2. Pintu Singh @ Pintu Kumar Singh,

3. Shailendra Singh @ Shailendra Kumar Singh All Sons of Tapeshwar Singh, R/o Vill.- Madhopur Kon, Kothiya, P.S.- Didarganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Sri Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-12-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Didarganj P. S. Case No. 167 of 2017 for offences under Sections 448, 341, 504, 506, 436, 427 and 34 of the Indian Penal Code.

It appears that relationship between the husband and wife was tense and in that context the informant received information that in order to pacify the dispute he should come the Sasural of his daughter and the informant reached the Sasural of his daughter and tried to pacify the dispute upon which the petitioners are alleged to have started abusing and

Patna High Court Cr.Misc. No.30471 of 2018(4) dt.10-12-2018 2/3 assaulting the informant and in order to save life, daughter and Nati of the informant left the house.

Counsel for the petitioners submits that the petitioner No. 1 is Bhaisur, petitioner No. 2 is Debar and petitioner No. 3 is the husband of the daughter of the informant. The present case is only designed to harass and humiliate the petitioners. The petitioners have not committed any offence and they are ready to keep the daughter of the informant with full honour and dignity. The petitioners undertake that there may not be any recurrence of any such incidence.

Considering the fact that the petitioners and the informant are relatives, daughter of the informant is wife of petitioner no. 3 and there is chance of restoration of peace and normalcy in the family, the Court is inclined to grant indulgence to the petitioners and enlarge them on bail. Let the petitioners, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate V-Patna City, in connection with Didarganj P. S. Case No. 167 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.30471 of 2018(4) dt.10-12-2018 3/3 In the event of any complaint of torture or misbehaviour of the petitioners with the informant's daughter is reported to the Court below, the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Anil Kumar Upadhyay, J) spandey/- U T