Ram Dhanesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60308 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
Ram Dhanesh Singh Son Of Late Suraj Singh R/O Village- Pipra, P.S.- Kudra, District- Kaimur.
2.
Vijayanta Devi @ Vijayanti Devi Wife Of Ram Dhanesh Singh R/O VillagePipra, P.S.- Kudra, District- Kaimur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, A.P.P.
For the Informant :
Mr. Tribhuwan Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498(A), 323, 308/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
Petitioners, who are father-in-law and mother-in-law of the informant is said to have ousted the informant from her matrimonial home in association of her family member over the dowry demand.
Patna High Court CR. MISC. No.60308 of 2022(2) dt.01-12-2022 2/3 Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that in fact petitioner no.1 is father-in-law and petitioner no.2 is mother-inlaw of the informant. He further submits that it appears from F.I.R. that there is general and omnibus allegation against these petitioners and they have falsely been implicated in this case on the ground that they are father-in-law and mother-in-law of the informant.
The learned counsel for the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten 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 Kudra P.S. Case No. 230 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-
1. Petitioners shall co-operate in the trial
Patna High Court CR. MISC. No.60308 of 2022(2) dt.01-12-2022 3/3 and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T