Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62557 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Mithilesh Singh Son Of Suresh Singh Resident Of Village-Sareya Ward No.13 Sindhi Mohalla Gopalganj, P.S.-Gopalganj, District-Gopalganj. 2.

Rakesh Singh Son of Suresh Singh Resident of Village-Sareya Ward No.13 Sindhi Mohalla Gopalganj, P.S.-Gopalganj, District-Gopalganj. 3.

Suresh Singh Son of Janaki Prasad Resident of Village-Sareya Ward No.13 Sindhi Mohalla Gopalganj, P.S.-Gopalganj, District-Gopalganj. 4.

Asha Devi Wife of Rakesh Singh Resident of Village-Sareya Ward No.13 Sindhi Mohalla Gopalganj, P.S.-Gopalganj, District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sarita Devi Wife of Mithilesh Singh Resident of Village-Sareya Ward No.13 Sindhi Mohalla Gopalganj, P.S-Gopalganj, District-Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the State :

Mr. Mohammad Sufyan, APP For the Informant :

Mr. Nand Kishor Patel, Advocate :

Mr. Harendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State. A supplementary affidavit has been filed on behalf of the petitioners which is kept on record.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 376, 420, 457, 468, 120(B) and 504 of the Indian Penal Code. Allegedly, first of all, the informant was married with

Patna High Court CR. MISC. No.62557 of 2019(14) dt.29-11-2022 2/3 one Mukesh Singh, who died in an accidental fire and Rs.2,00,000/- was given to the informant as compensation and in the lust of the same, the accused persons got her married with the petitioner Mithilesh Singh, to grab the amount and after taking the money, they started her torture mentally and physically.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that out of Rs.1,50,000/- as admittedly taken by the petitioners, Rs.75,000/- has already been credited in the account of Opposite Party No.2 on 10.11.2022 and further they are ready to pay the rest amount of Rs.75,000/- to the Opposite Party No.2 but in turn the complainant would withdraw the complaint filed against them before the learned court below. Petitioners have clean antecedent.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory 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 CJM, Gopalganj in connection with Gopalganj Town P.S. Case No.

Patna High Court CR. MISC. No.62557 of 2019(14) dt.29-11-2022 3/3 117 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T