Manoj Kumar Singhaniya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5279 of 2017 Arising Out of PS.Case No. -439 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Manoj Kumar Singhaniya, Son of Late Shyam Sundar Singhaniya.
2. Kiran Singhaniya, Wife of Late Shyam Sundar Singhaniya.
3. Annu Singhaniya, Wife of Manoj Kumar Singhaniya. All resident of Mohalla- Sikandarpur, P.O. Head Post Office, P.S. Muzaffarpur Town, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioners are apprehending their arrest in connection with Muzaffarpur Town P.S. Case No. 439 of 2016, registered for offences punishable under Sections 341, 448, 323, 354(A), 354(B), 316/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that though there is allegation against the petitioners of assaulting the informant, due to which her two months old foetus got aborted, however when she was referred to a gynecologist for the examination, she refused to appear before the gynecologist. It has further been submitted that the present dispute arose on account of running the shop, which belonged to petitioner no. 2 but the
Patna High Court Cr.Misc. No.5279 of 2017 (2) dt.15-02-2017 2/3 informant wanted to grab and run the said shop, for which she filed present false case against these petitioners, who happens to be her own mother-in-law, brother-in-law and sister-in-law. Petitioners have no criminal antecedent.
Having heard both sides, in view of the fact that petitioners happens to be the brother-in-law, mother-in-law and sister-in-law of the informant and the dispute arose on account of running the shop and also that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 439 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
Patna High Court Cr.Misc. No.5279 of 2017 (2) dt.15-02-2017 3/3 (ii) The petitioners will cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U