Shashikant Kumar @ Shashikant Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58161 of 2024 Arising Out of PS. Case No.-101 Year-2017 Thana- KASMA District- Aurangabad ====================================================== 1.
Shashikant Kumar @ Shashikant Kumar Singh Son of Abhimanyu Singh R/O Vill.- Chiraila, P.S.- Kasma, Dist.- Aurangabad, Bihar. 2.
Sunita Devi @ Akhileshwari Devi Wife of Abhimanyu Singh R/O Vill.- Chiraila, P.S.- Kasma, Dist.- Aurangabad, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr .Aman Vishal, Adv.
For the State :
Mr. Md. Matloob Rab, APP.
For the Informant :
Mr. Kamlendra Pd. Singh, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant in the presence of the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 498A, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. Allegedly, all the F.I.R. named accused persons including the petitioners, who are brother-in-law and mother-inlaw, respectively, are said to have tortured upon the informant physically and mentally and also tried to kill her over the dowry demand.
Patna High Court CR. MISC. No.58161 of 2024(7) dt.29-04-2025 2/3
4. After having discussions between the parties, it appears that the husband of the informant is not before this Court and he has already been granted the privilege of anticipatory bail by the learned Court below vide order dated 20.09.2024 in ABP No. 1765 of 2024. The persons before this Court are in-laws of the informant. Petitioner no.1 is brotherin-law of the informant, who is residing separately and he is noway connected with the day to day affairs of the informant and her husband. So far as petitioner no.2 is concerned, she is the mother-in-law of the informant and she resides along with her son Ravikant Kumar.
5. It is pointed out by learned counsel appearing for the informant that the informant has been ousted from the matrimonial household and also she has no source of income to sustain herself. He further draws the attention of this Court to the fact that an order has been passed in the maintenance case, but the husband of the informant is not complying with the same also.
6. Considering the rival submissions advanced on behalf of the parties and further that the husband of the informant, who is primarily responsible for the welfare of his wife, has been granted the privilege of anticipatory bail by the learned Court
Patna High Court CR. MISC. No.58161 of 2024(7) dt.29-04-2025 3/3 below vide order dated 20.09.2024 in ABP No. 1765 of 2024, I am inclined to grant the privilege of anticipatory bail to the petitioners having clean antecedent. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on 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, Aurangabad (Bihar) in connection with Kasma P.S. Case No. 101 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T