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Patna High CourtCR. MISC./12731/2017bail granted

Ranjan Singh v. State Of Bihar And ANR

2017-04-08Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12731 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -AKBARPUR District- NAWADA ====================================================== Ranjan Singh, Son of Late Prem Singh, Resident of Upar Tanda, Rajauli, Police Station-Rajauli, in the District of Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Kumari, W/o Dhiraj Kumar, D/o Rajkumar Singh, Resident of Village-Dhiri, Police Station-Akbarpur, in the district of Nawada, at present Resident of Village - Dhanma, Police Station-Hisua in the district of Nawada.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Raj Kumar, Advocate. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner apprehends his arrest in Akbarpur P. S. Case No. 221 of 2016 registered for the offences under Sections 341, 323, 5047, 498A, 379 and 345 of the Indian Penal Code.

The informant alleged that her husband (Dhiraj Kumar), mother-in-law, father-in-law and other family members subjected her to physical and mental torture. For this, she lodged Akbarpur P.S. Case No. 25 of 2016 on 10.02.2015 under Section 498A and other sections of the Indian Penal Code and got the case compromised. Again after two months, other accused persons started subjecting her to physical and mental

Patna High Court Cr.Misc. No.12731 of 2017 (2) dt.08-04-2017 2/3 torture. She alleged that her husband and brother-in-law (petitioner) came after taking wine and drove her out from the house.

Learned counsel for the petitioner submits that the petitioner is not at all concerned with the family affairs of the informant and others and the petitioner resides in his own house. The informant lodged Akbarpur P.S. Case No. 25 of 2015 and the petitioner was not made accused in that case. The petitioner has been falsely implicated in the case but the learned counsel for the informant opposes the prayer for anticipatory bail and submitted that there is specific allegation against the petitioner. He also demanded money and drove her out from the house.

Considering the facts aforesaid and that the petitioner is the brother-in-law (Nandosi) of the informant and the petitioner was not made accused in the earlier case lodged by the informant, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief

Patna High Court Cr.Misc. No.12731 of 2017 (2) dt.08-04-2017 3/3 Judicial Magistrate-I, Nawada in Akbarpur P. S. Case No. 221 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T