Bipin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78460 of 2019 Arising Out of PS. Case No.-352 Year-2019 Thana- MASHRAK District- Saran ====================================================== Bipin Kumar Singh Son of Girija Singh Resident of Village- Karan Kudariya, P.S.- Mashrakh, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in a case registered for the offence under sections 341,323,498A,504 and 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the allegation in the FIR, the petitioner who is the husband of the informant, along with others are said to have made demand of a car from the informant's father and on denial to give the same, they assaulted and tortured the informant. It is submitted by learned counsel for the petitioner that the marriage of the informant and the petitioner had taken place on 27.01.2019 and soon thereafter within a few months

Patna High Court CR. MISC. No.78460 of 2019(3) dt.18-12-2019 2/3 she started making false allegation against the petitioner and his family. The petitioner has always been ready to live with his wife giving her full respect, however, as would be evident from the order of the learned court below, she categorically denied and rejected the offer to go with the petitioner. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that from perusal of the FIR no documents like injury report etc, has been brought on record in support of the allegations as also the fact that learned Additional Sessions Judge, Saran at Chapra in his order dated 25.09.2019 has categorically recorded that both the petitioner and the informant were present in Court and inspite of the petitioner being ready to take the informant with him, the informant refused to accompany the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Mashrakh P.S. Case No. 352 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.78460 of 2019(3) dt.18-12-2019 3/3 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Saran at Chapra subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U