Pradeep Kumar Singh @ Pradip Kumar Singh @ Pradip Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75057 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== PRADEEP KUMAR SINGH @ PRADIP KUMAR SINGH @ PRADIP KR. SINGH, S/o Mahatam Singh, R/o village - Ghanachak (Ganesh Dumar), P.S.- Phulwaria (Shripur O.P.), District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 324, 341, 447, 307, 354 and 504/34 of the Indian Penal Code. Informant claims to be wife of this petitioner. Matrimonial dispute is going on between the parties since long. So far present case is concerned, allegation against the petitioner is that he assaulted with shocker of the motorcycle causing injury at the head of the mother of the informant as well as to her brother. The Doctor has found simple injury on the head of the injureds.

Learned counsel for the petitioner prays for

Patna High Court CR. MISC. No.75057 of 2019(4) dt.13-12-2019 2/3 anticipatory bail for concocted allegation is there due to matrimonial dispute between the parties.

Learned counsel for the informant opposed the prayer for anticipatory bail on the ground that the petitioner physically misused the informant on the pretext of marriage and when a case, under Section 376 of the Indian Penal Code, was filed against the petitioner by order of the Court, the petitioner took the informant to his house and thereafter torture and assault started against the informant which resulted in subsequent cases. The petitioner had stated in para 3 of the anticipatory bail petition that he has got no criminal antecedent. However, when learned counsel for the informant raised objection, the petitioner filed supplementary affidavit stating therein that all criminal cases against the petitioner have been filed by the informant or her family members.

Considering the background and nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending

Patna High Court CR. MISC. No.75057 of 2019(4) dt.13-12-2019 3/3 in connection with Fulwariya (Phulwariya) Police Station Case No. 160 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T