Manoj Singh @ Jaglal Singh @ Rukhani Singh @ Manoj Kumar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.46152 of 2015 (3) dt.04-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46152 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -MARHAURA District- SARAN ====================================================== Manoj Singh @ Jaglal Singh @ Rukhani Singh @ Manoj Kumar Singh Son of Late Shri Bhagwan Singh Resident of village - Sherpur, P.S. - Marhowrah, District - Saran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Naresh Dikshit, Advocate For the Opposite Party : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Morhowrah P.S. Case No. 73 of 2014 pending in the Court of CJM, Saran for the offences instituted under Sections 306 and 498A of the Indian Penal Code.
The allegation in the FIR is that the petitioner was earlier married with elder sister of the deceased who committed suicide for which case was lodged but later on love affair developed between present deceased and petitioner and both of them solemnized court marriage which was accepted by the informant and her family members. Thereafter, all the accused including this petitioner who lives in Kolkata, began to torture her
Patna High Court Cr.Misc. No.46152 of 2015 (3) dt.04-02-2016 and the mother-in-law Lalita Devi. It is alleged that the petitioner also used to torture the deceased from the side of his Bhabhi due to which lastly the deceased taking her child as well child of her elder deceased sister committed suicide by burning. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no specific allegation against the petitioner nor there is any circumstantial evidence to suggest his implication in the present case. He has falsely been implicated in the present case. The petitioner resides at Kolkata.
On behalf of the State, it has been submitted that the petitioner is the husband of the deceased and he is an abettor. Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.
Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order taking into account the submissions made on behalf of the petitioner. (Sudhir Singh, J) B.Kr./- U T