← Library
Patna High CourtCR. MISC./68187/2018bail granted

Samerjit Kumar Singh @ Samarjeet Kumar Singh @ Dr. Samarjeet Singh v. State Of Bihar And ANR

2018-11-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68187 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Samerjit Kumar Singh @ Samarjeet Kumar Singh @ Dr. Samarjeet Singh, Son of Late Ranjeet Singh, resident of Flat No. 805, Sector-I, Vardankhand, Gomtinagar, Police Station-Gomtinagar, District-Gomtinagar, Uttar Pradesh. At present resident of Clinic of Sunil Boss, Police Station- Dihri, DistrictRohtas at Sasaram. ... ... Petitioner

Versus

1.The State Of Bihar.

2. Dr. Sunita Singh, wife of Dr. Samarjeet Singh, resident of Clinic of Sunil Boss, Police Station- Dihri, District-Rohtas at Sasaram. Daughter of Rajkumar Singh, R/V- Dandai Kalan, P.O. Silwar, P.S. Hajaribagh(M), District-Hajaribagh, Jharkhahd. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Raghunandan Kumar Singh, Advocate.

For the State :

Mr. Sri Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in case for the offence registered under Sections 498(A), 406, 313, 341, 323 and 504/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no

Patna High Court Cr.Misc. No.68187 of 2018(2) dt.19-11-2018 2/2 medical examination report in respect to offence under Section 313 of the IPC. Rests of the offences are triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R./Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Dihri, Rohtas at Sasaram, in connection with Mahila P.S. Case No. 62 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./ (Sudhir Singh, J) U T