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Patna High CourtCR. MISC./81620/2019bail granted

Bibeka Singh v. The State Of Bihar

2019-12-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81620 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- KHARHAGPUR District- Munger ====================================================== 1.

Bibeka Singh Son of Sosan Singh Resident of Village - Situhar, P.S.- Haveli Kharagpur, Distt.- Munger.

2.

Renu Devi Wife of Bibeka Singh Resident of Village - Situhar, P.S.- Haveli Kharagpur, Distt.- Munger.

3.

Kanchan Kumari @ Kanchan @ Satya W/o Amrendra Kumar Resident of Village - Situhar, P.S.- Haveli Kharagpur, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 379,308,354, 427, 498A, 504, 506/34 of the Indian Penal Code in connection with Kharagpur P.S. Case No. 332 of 2018 (District-Munger).

As per the allegation in the FIR, the accused persons including father-in-law, mother-in-law, Gotani and other accused persons including petitioners herein are said to have tortured and assaulted the informant.

It is submitted by learned counsel for the petitioners that from perusal of the F.I.R. it would evident that the main allegation is against father in law, mother in law and brother in

Patna High Court CR. MISC. No.81620 of 2019(2) dt.11-12-2019 2/2 law of the informant who have already enlarged on bail by order dated 05.09.2019 passed in Cr.Misc. No.56229 of 2019. So far as petitioners in the instant application are concerned, petitioner no.3 happens to be the Sautan (husband's second wife) of the informant while petitioner nos. 1 and 2 happens to be the parents of petitioner no.3. The allegation against them is that they did not permit her to enter in the house. The main allegation is against the brother in law Samrendra Kumar who also has been enlarged on bail vide order dated 5.9.2019. The application for bail was 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, let the petitioners above named be enlarged on bail, in the event of their arrest or surrender within six weeks, on furnishing individual bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Munger in connection with Kharagpur P.S. Case No. 332 of 2018 (District-Munger) subject to the conditions stipulated under section 438(2) of the Code of Criminal Procedure.

Bibhash/- (Partha Sarthy, J) U T