Sanjay Kumar Singh @ Sanjay Singh @ Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77824 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- TEKARI District- Gaya ====================================================== 1.

Sanjay Kumar Singh @ Sanjay Singh @ Sanjay Sharma, son of Nagendra Singh, Resident of Village- Pura PS- Tekari Dist- Gaya. 2.

Rohit Kumar, S/o- Sanjay Sharma, Resident of Village- Pura PS- Tekari Dist- Gaya.

3.

Raj Mani Devi @ Raj Mani, wife of Sanjay Sharma, Resident of VillagePura PS- Tekari Dist- Gaya. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Julee Kumari, wife of Ravish Kumar, D/o- Sateyendra Sharma, Resident of Village- Beladih PS- Bela, Dist- Gaya.

... ... Opposite Parties ===================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Tekari P.S. Case No. 62 of 2023 registered for the offences punishable under Sections 341, 323, 307, 504, 506, 498(A), 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. They have got no criminal antecedent.

3. As per the prosecution story, the informant solemnized marriage with Ravish Kumar on 11.12.2020 according to Hindu rites and rituals. The informant alleged that

Patna High Court CR. MISC. No.77824 of 2023(2) dt.10-01-2024 2/3 her father had given Rs.6,50,000/- in the account of Rohit Kumar (petitioner no. 2) at the time of marriage and Rs.1,30,000/- was also given on different date. It is also alleged that her in-laws demanded execution of a land in their name and upon non-fulfillment of the same, all the accused persons physically and mentally tortured her. The informant also alleged that her husband is living with another girl.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the petitioners are the father-in-law, devar and mother-in-law respectively.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the nature of disputes and that these petitioners are the father-in-law, devar and mother-in-law respectively, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above named be released on bail in connection with Tekari P.S. Case No. 62 of 2023 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 learned Additional Chief Judicial Magistrate-VI, Gaya, subject to the conditions as

Patna High Court CR. MISC. No.77824 of 2023(2) dt.10-01-2024 3/3 laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. And further condition that as and when required, petitioner nos. 1 and 2 would cooperate with the investigation by presenting themselves before the Investigating Officer.

9. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T