Lalan Kumar Singh @ Lalan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50298 of 2023 Arising Out of PS. Case No.-892 Year-2014 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.
Lalan Kumar Singh @ Lalan Singh Son Of Late Nand Kishor Singh Resident Of Village- Baruraj, Tole- Bankkat, Ps- Baruraj, Dist- Muzaffarpur 2.
Kanchan Singh Wife Of Lalan Singh @ Lalan Kumar Singh Resident Of Village- Baruraj, Tole- Bankkat, Ps- Baruraj, Dist- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Mala Devi Wife Of Lalan Kumar Singh @ Lalan Singh Resident Of VillageBaruraj, Ps- Baruraj, Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. In view of the office report, the notice served upon the opposite party no. 2 is deemed to be validly served, but nobody appears on behalf of opposite party no. 2.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A, 323, 494 of the Indian Penal Code.
4. As per the prosecution case, the complainant alleged that her son, Chandan Kumar Singh, who was in Army
Patna High Court CR. MISC. No.50298 of 2023(5) dt.04-01-2024 2/3 unfortunately died in the year 2010 and, thereafter, the petitioner no. 1 solemnized his second marriage with petitioner no. 2. When she objected to second marriage, she was physically and mentally tortured.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that after death of, Chandan Kumar Singh, with consent of the complainant and the other family member, petitioner no. 1 has performed second marriage with the petitioner no. 2. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the nature of the offence, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court
Patna High Court CR. MISC. No.50298 of 2023(5) dt.04-01-2024 3/3 where the case is pending/successor Court in connection with Complaint Case No.892 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T