Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62878 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.

ARUN KUMAR SINGH Son of- Ramjanam Singh Resident of- Da Mathiya, P.S.- Karpi, District- Arwal.

2.

Kanchan Devi Wife of- Arun kumar Singh Resident of- Da Mathiya, P.S.- Karpi, District- Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Most. Jeeramani Devi Wife of - Late Nagina Bind Resident of - Karpi, P.S.- Karpi, District- Arwal.

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

For the Petitioner/s :

Mr. S. K. Lal Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 67 of 2019, in which cognizance has been taken under Sections 420, 380 and 149 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners entered into the house of the complainant and took away utensils, cloths, cash of Rs. 5,000/- and threw acid upon her.

Learned Counsel for the petitioners submits that both

Patna High Court CR. MISC. No.62878 of 2019(2) dt.23-10-2019 2/3 the petitioners are husband and wife and the fact of the matter is that son of the complainant has sold the land and house in question in favour of petitioner no. 2 and mutation has already been done in favour of petitioner no. 2, as would be evident from Annexure-2 series (page 27 of this application). He further submits that from the S.A. of the complainant, it would be evident that the saree of the complainant got burnt due to the alleged throwing of acid by the petitioners upon her. He submits that in fact, a mala fide complaint has been lodged based on concocted story by the complainant due to the fact that the petitioners had gone to request the complainant to vacate the house inasmuch as that was sold by the son of the complainant.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the land and house in question has been purchased in the name of the petitioner no. 2 and the petitioner no. 1 is the husband of the petitioner no. 2 and mutation of the said house and land has already been done in favour of petitioner no. 2, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.62878 of 2019(2) dt.23-10-2019 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Arwal, in connection with Complaint Case No. 67 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √