Rabindra Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55332 of 2024 Arising Out of PS. Case No.-358 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

Rabindra Nath Singh, Son of Late Shiv Pujan Singh, Resident of VillageEkta Nagao, Near Aryan School, PS- Ara Nawada District- Bhojpur 2.

Sail Devi @ Shail Devi, Wife of Rabindra Nath, Resident of Village- Ekta Nagao, Near Aryan School, PS- Ara Nawada District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate Mr. Navin Kumar Jha, Advocate Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Ms. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Ara Nawada P.S. Case no. 358 of 2024 registered under sections 307, 323, 324, 341, 504 and 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioners who happen to be the father-in-law and mother-in-law of the informant are said to have abused, assaulted and tortured the informant. It is further stated that the accused persons demanded dowry and on the date of occurrence, the petitioners are said to have assaulted the informant with knife leading to serious

Patna High Court CR. MISC. No.55332 of 2024(2) dt.02-09-2024 2/3 injuries on her head and hand.

4. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case only for the reason of their being the father-in-law and mother-in-law of the informant. They are 71 and 69 years old retired teachers and have no concern with the affairs of their son or his wife ie the informant. The alleged injuries are superficial in nature and have been found to be simple. The petitioners have no criminal antecedent and undertake to cooperate in the case. It is submitted that the husband of the informant is already in custody.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R, wherein, specific allegations have been levelled that they assaulted the informant with a knife and the corresponding injury has been found on the informant which would be evident from the contents of the injury report quoted in the order of the learned Court below rejecting the application for bail of the petitioners, the Court is not inclined to enlarge the petitioners on anticipatory bail and the application is rejected.

Patna High Court CR. MISC. No.55332 of 2024(2) dt.02-09-2024 3/3

7. The petitioners are directed to surrender in the learned Court below within a period of four weeks.

8. In case the petitioners surrender within a period of four weeks and pray for regular bail, the same shall be considered by the learned Court below without being prejudiced by this order of rejection.

(Partha Sarthy, J) avinash/- U T