Subham Kumar @ Subham Kumar Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.45332 of 2017 (2) dt.19-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45332 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -DORIGANJ District- SARAN ======================================================
1. Subham Kumar @ Subham Kumar Singh, Son of Shambhu Nath Singh, Resident of Village- Sengar Tola, P.S.- Revilganj, District- Saran at Chapra.
2. Manoj Kumar Singh @ Manoj Singh, son of Dev Narayan Singh,
3. Rinku Devi, Wife of Manoj Singh @ Manoj Kumar Singh, Both 2 and 3 resident of Village- Ibrahimabad, P.S. Bairiya, District- Balia. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-09-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Doriganj Police Station Case No. 88 of 2017, disclosing offences under Sections 406 of the Indian Penal Code and 3/4 of the D.P. Act.
Learned counsel for the petitioner has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the marriage of petitioner no.1 and daughter of informant was negotiated and was scheduled to be performed but due to the fact that the informant's daughter having illicit relation with some
Patna High Court Cr.Misc. No.45332 of 2017 (2) dt.19-09-2017 body else, the petitioner No.1 refused to perform marriage with the informant, which is evident from annexure2. Further, the petitioner no.1 has returned all the money to the daughter of informant, which is evident from annexure-3. The petitioners No.2 and 3 happens to be close relative of the petitioner No.1 and they have no concern with the alleged occurrence. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, in connection with Doriganj Police Station Case No. 88 of 2017, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) Brajesh/- U T