Fakira Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70900 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.
FAKIRA SINGH SON OF LATE HARIHAR SINGH RESIDENT OF VILLAGE- DAUDNAGAR, PS- BIDUPUR, DIST- VAISHALI 2.
DHARAMVIR KUMAR @ DHARAMVEER KUMAR SON OF FAKIRA SINGH RESIDENT OF VILLAGE- DAUDNAGAR, PS- BIDUPUR, DISTVAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Shankar Prasad, Adv.
For the Opposite Party/s :
Ms.Veena Kumari Jaiswal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Nobody appears on behalf of Opposite Party No.2
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 498(A), 34 of the Indian Penal Code.
4. All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have tortured upon the informant.
5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They are father-in-law and Dewar of the informant,
Patna High Court CR. MISC. No.70900 of 2023(3) dt.05-02-2024 2/2 respectively. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have been living separately from the informant and her husband for a long time. There is no allegation against the petitioners to tamper the evidence. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bidupur P.S. Case No. 162 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T