Hardeo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67259 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- JALALPUR District- Saran ====================================================== 1.
Hardeo Singh S/O Late Kapildeo Singh R/O Village- Susena, P.S.- Jalalpur, District- Saran 2.
Deoratiya Devi W/O Sri Hardeo Singh R/O Village- Susena, P.S.- Jalalpur, District- Saran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Opposite Party/s :
Mr. Syed Ehteshamuddin Mr. Dineshwar Pandey Mr. Animesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 494 and 504/ 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is the father-in-law aged about 72 years and petitioner no.2 is the mother-in-law aged about 70 years and the informant alleges that she was married to Premnath Singh, the son of the petitioners on 10.03.2004 and out of the wedlock, a child was born, who is presently 14 years of age. It is next alleged that on
Patna High Court CR. MISC. No.67259 of 2021(3) dt.21-07-2022 2/3 account of non-fulfilment of dowry demand, she has been staying in her parental home since 2014. It is next alleged that the husband performed his second marriage with Puja Kumari. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that the dispute was between the husband and wife and from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant was staying at her parental home since 2014. It is next submitted that the informant has falsely alleged that her husband has performed second marriage. It is next submitted that husband of the informant was taken into custody and now, he has been released on bail. It is further submitted that no specific allegation has been alleged against the petitioners rather the allegations are general and omnibus in nature.
The learned counsel for the informant as well as learned A.P.P. opposes the bail application, but are not able to rebut the submission of the learned counsel for the petitioners that the allegations against them are general and omnibus and the husband has been granted regular bail.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the
Patna High Court CR. MISC. No.67259 of 2021(3) dt.21-07-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Jalalpur P. S. Case No.194 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T