Rang Nath Sinha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24472 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Rang Nath Sinha, S/o Late Chabishwar Nath Sinha.
2. Kanta Sinha, W/o Rang Nath Sinha.
3. Shishir Kumar Sinha @ Shishir Sinha @ Shishir Singh, S/o Rang Nath Sinha.
All Residents of Mohalla- Salimpur Ahara, Gali No. 2, Daldali Road, Near Uma Talkies, P.S. Gandhi Maidan, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2017 Heard Sri Shambhu Sharan Singh, the learned counsel for the petitioners, and the learned A.P.P. for the State. The petitioners are father-in-law, mother-in-law and Devar respectively of the informant. The petitioners are apprehending their arrest in Mahila (Bhagalpur) P.S. Case No. 8/2017 dated 19.02.2017 registered under Sections 498(A), 494, 323, 341, 504, 506 read with 34 of the Indian Penal Code. The informant alleged that her marriage was solemnized on 12.06.2005 with Mr. Anand Nath Sinha, however, she returned back at her father's place. A case is going on in the family court. The allegations are that the husband and the family members of the husband started threatening the informant and they
Patna High Court Cr.Misc. No.24472 of 2017 (2) dt.06-06-2017 2/3 ill-treated her. Admittedly, the informant is not living in her Sasural and she has herself filed a divorce case being Matrimonial (Divorce) Case No. 332/2012 under Section 13(B) of the Hindu Marriage Act.
Learned counsel for the petitioners submits that the petitioners are innocent and they have been implicated in the present case on omnibus allegations. The petitioner no. 1 is a retired government employee, aged about 70 years, whereas the petitioner no. 2 is aged about 68 years and the petitioner no. 3 is Devar of the informant who is separate in mess and business. Learned A.P.P. appearing on behalf of the State opposed the prayer for anticipatory bail of the petitioners. However, no significant materials could be placed to deny the privilege of anticipatory bail to the petitioners. In the facts and circumstances of the case I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners, namely, Rang Nath Sinha, Kanta Sinha and Shishir Kumar Sinha @ Shishir Sinha @ Shishir Singh, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties
Patna High Court Cr.Misc. No.24472 of 2017 (2) dt.06-06-2017 3/3 of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bhagalpur in Bhagalpur (Mahila) P.S. Case No. 08/2017, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Dilip, AR U T