Pankaj Kumar Singh @ Pankaj Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49456 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -MAHILA P.S. District- SIWAN ====================================================== Pankaj Kumar Singh @ Pankaj Singh S/O. Late Hardeo Singh resident of village- Mura Karamwar, P.S.- Darauli, District- Siwan. .... .... Petitioner

Versus

1. The State of Bihar.

2. Manisha Singh W/O Jitendra Kumar Singh resident of Village- Damsikri, P. S. Muffasil, District- Siwan.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Sri Krishna Prasad Singh, Sr.Adv. Smt. Meena Singh For the Opposite Party/s : Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

16-12-2016 Heard Sri Krishna Prasad Singh, learned senior counsel assisted by Smt. Meena Singh, learned counsel for the petitioner and Sri Lakshmi Kant Sharma, learned Addl. Public Prosecutor.

The petitioner, who is son of brother of father-in-law of the informant, has prayed for grant of anticipatory bail in Siwan Mahila P.S. Case No. 198 of 2015 registered for offence under Sections 498(A), 354(a), 341, 323, 406, 506 of the Indian Penal Code.

It was submitted by learned senior counsel for the petitioner that husband of the informant had already filed a divorce case, vide Matrimonial Title Suit No. 91 of 2015 on

Patna High Court Cr.Misc. No.49456 of 2016 (2) dt.16-12-2016 2/2 04-03-2015, in which, notice was received by the informant on 12-05-2015, thereafter, the present F.I.R. was lodged on 11-12-2015 making allegation that she was brutally tortured by the accused persons on 01-12-2015. He submits that even distant relatives of the husband of the informant have been arrayed as accused in the present case.

Considering the fact that petitioner is son of brother of father-in-law of the informant as well as the fact stated in paragraph - 8 of the petition that much earlier to filing of the present F.I.R., a divorce case was filed by the husband, in which, notice was received by the informant, there is no reason to deny the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Pankaj Kumar Singh @ Pankaj Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Siwan Mahila P.S. Case No. 198 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T