Uday Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3537 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- MAHILA PS District- Aurangabad ====================================================== 1.

Uday Pratap Singh SON OF LATE RAMDEO SINGH RESIDENT OF JAYSHREE (4TH FLOOR), JHARUDIH, P.S.- DHANBAD (JHARKHAND).

2.

PUSHPA SINGH WIFE OF UDAY PRATAP SINGH RESIDENT OF JAYSHREE (4TH FLOOR), JHARUDIH, P.S.- DHANBAD (JHARKHAND).

3.

PRIYA KUMARI @ PRIYA D/O UDAY PRATAP SINGH RESIDENT OF JAYSHREE (4TH FLOOR), JHARUDIH, P.S.- DHANBAD (JHARKHAND).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Prasad For the Opposite Party/s :

Mr. Rabindra Kumar For the Informant :

Mr. Vyas Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Rabindra Kumar along with learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

3. The learned APP for the State, after perusing the case diary, submits that notice under Section 41A of the Cr.P.C. was issued to the petitioner no. 1, based on which, he appeared

Patna High Court CR. MISC. No.3537 of 2024(4) dt.06-05-2024 2/3 before the police but then tore the notice in presence of the investigating officer for which a case under Section 107 of the Cr.P.C. has been instituted, as recorded at Para-34 of the case diary.

4. At this stage, the learned counsel appearing on behalf of the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1.

5. Permission is accorded.

6. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 1.

7. It is next submitted that petitioner nos. 2 and 3 are mother-in-law and unmarried sister-in-law. It is further submitted that two married sister-in-laws have been granted the privilege of anticipatory bail by order dated 06.05.2024 in Criminal Miscellaneous No. 83934 of 2023 (Neha Singh @ Neha & Anr. Vs. The State of Bihar). It is further submitted that privilege of anticipatory bail was granted to the married sisterin-laws on merit, thus, seeking parity, the learned counsel submits that petitioner nos. 2 and 3 be also granted the privilege of anticipatory bail.

8. Learned A.P.P. for the State along with learned

Patna High Court CR. MISC. No.3537 of 2024(4) dt.06-05-2024 3/3 counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 2 and 3 abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila P.S. Case No. 36 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T