Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74366 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- ASARGANJ District- Munger ====================================================== 1.

Sanjay Singh S/o Arjun Singh Resident of village - Khiridih, P.S. - Haveli Kharagpur, Distt. - Munger 2.

Chameli Devi W/o Sanjay Singh Resident of village - Khiridih, P.S. - Haveli Kharagpur, Distt. - Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abdul Mannan Khan (Adv) Mr. Hafiz Shahbaz Arif (Adv) For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Asarganj P.S. Case No. 48 of 2024 for the offence under Sections 341/ 323/ 307/ 366/ 365/ 378/ 419/ 420/ 471/ 34/ 120(B) of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 22.06.2023, the friend of the complainant took him to marriage ceremony at village Khiridih, where his marriage was forcibly solemnized with the daughter of the petitioner, namely, Sarswati Kumari. On 30.11.2023, the petitioners, along with others, came to the house of

Patna High Court CR. MISC. No.74366 of 2024(2) dt.13-11-2024 2/3 the complainant and told that if their daughter is not kept in the matrimonial home, they would kill the complainant and his family members.

4. Learned Counsel for the petitioners submits that the petitioners have not committed any offence as alleged. He next submits that the complaint was subsequently converted into First Information Report under Section 156 (3) of the Code of Criminal Procedure. The marriage was solemnized after negotiation, but the complainant/informant was not allowing her wife to stay with him. When insisted by the petitioners and other family members, the false case has been registered. There is no allegation of assault and only allegation against the petitioners is that they threatened the complainant/informant of dire consequences.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

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

Patna High Court CR. MISC. No.74366 of 2024(2) dt.13-11-2024 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger, in connection with Asarganj P.S. Case No. 48 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) krishnakant/- U T