Surendra Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.29138 of 2014 (3) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29138 of 2014 Arising Out of PS.Case No. -2115 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Surendra Singh son of Late Baldeo Singh.

2. Renu Devi, D/o Chandeshwar Singh and wife of Ajit Kumar, Both are resident of Village Pura, P.S. Gaighat, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Machiya Devi, D/o Late Bilash Sahni, at present residing at Satgatha P.S. Gayghat, Dist- Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Hari Kishore Thakur, Adv. For the State : Dr. Ajeet Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 498(A) and 494 of the Indian Penal Code registered in connection with Complaint Case No. 2115 of 2013.

3. It is submitted that the petitioners have been falsely implicated which is evident from the very fact that the complaint has been filed after inordinate delay of more than one year and four months considering that the date of occurrence has been alleged to be 10.04.2012 onwards when the complaint has been filed on 06.08.2013. No such complaint of this nature was ever filed during the long

Patna High Court Cr.Misc. No.29138 of 2014 (3) dt.14-10-2015 period of 18 years since when the complainant claims to have married the son of petitioner no. 1. In any event it is jointly submitted by the petitioners that the petitioner no. 1 is ready to deposit an amount of Rs. 1000/- per month regularly for the benefit of opposite party no. 2.

4. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioners by order dated 09.12.2014 pending in the Court of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 2115 of 2013 is hereby confirmed subject to condition that the petitioner no. 1 will deposit a sum of Rs. 1000/- per month regularly before the learned Court below which shall be available for withdrawal by opposite party no. 2 and upon failure to deposit any two consecutive instalments, their bail bonds shall stand automatically cancelled.

(Vikash Jain, J) Md. Ibrarul/- U T