Rekha Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38842 of 2017 Arising Out of PS.Case No. -472 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rekha Singh, W/o Ajay Singh,
2. Ajay Singh, Son of Late Thakur Girjanand Singh,
3. Anish Singh, Son of Ajay Singh,
4. Manish Singh, Son of Ajay Singh, All four are R/o Village- Madhuban Tola, Suba Singh, P.S.- Madhuban, District- East Champaran.
5. Kanhaiya Singh, Son of Vinod Kumar, R/o Village- Nonpharwa, P.S.- Patahi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Nagar P.S. Case No. 472 of 2017 instituted for the offence under Sections 376, 312, 506, 509/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
As per written report, the informant married with Prashant Kumar and he has sworn an affidavit before the Notary Public that he is marrying with the informant against the wishes of his family members because she is widow and has two children.
Patna High Court Cr.Misc. No.38842 of 2017 (2) dt.28-08-2017 2/3 It has been submitted that these petitioners are family members of Prashant Kumar.
Learned counsel for the informant has appeared and filed counter affidavit stating therein that these petitioners are not allowing Prashant Kumar to live with the informant. From the written report, this Court finds that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nagar P.S. Case No. 472 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or
Patna High Court Cr.Misc. No.38842 of 2017 (2) dt.28-08-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T