← Library
Patna High CourtCR. MISC./200/2025bail granted

Anil Singh @ Anil Kumar v. The State Of Bihar

2025-03-05Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.200 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- TANDWA District- Aurangabad ====================================================== Anil Singh @ Anil Kumar S/o Sikandar Singh R/o Vill- Jharibalthar, P.S.- Tandwa, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Tandwa P.S. Case No. 48 of 2024 (Aurangabad Complaint Case No. 184 of 2024) dated 04.05.2024 registered under Sections 302, 120(B), 201, 34 of the I.P.C.

3. The prosecution case as per the complaint cum F.I.R. filed on 13.03.2024 is that the marriage of the informant's sister (now deceased) was solemnized with the petitioner / Anil Singh @ Anil Kumar in May, 2008. After marriage, the accused persons started torturing and abusing the deceased, out of their wedlock, two children were born. On 16.02.2024 the brother-in-law and husband of the deceased informed on telephone to the informant

2/4 that his sister is in serious condition. On such information, the informant arrived at her sister's matrimonial home at village Jharibalthar in the district of Aurangabad, where the informant found that the house was locked and all the accused persons were absconding. The villagers informed that the deceased has died and was cremated on 15.02.2024.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted complaint petition filed by the brother of the deceased. Referring to Annexure P-2 series, learned counsel submits that this is the death certificate of the deceased, who died due to illness at Bagru, Jaipur (Rajasthan) on 16.02.2024 and death certificate in this regard has been issued by the office of the Registrar, Bagru, Jaipur, Directorate of Economics and Statistics, Government of Rajasthan. The Ward Councillor of Bagru, Jaipur has confirmed that death of deceased took place on 16.02.2024 and he recommended for issuance of death certificate in this regard. The Revenue Officer (Patwari) has also confirmed that death took place in Bagru, Jaipur due to illness and recommended for preparation of death certificate vide his report dated 15.05.2024. The landlord of the house, where petitioner -Anil Singh @ Anil Kumar and the deceased used to

3/4 reside has also confirmed that the deceased has died in Bagru on 16.02.2024. Learned counsel submits that all these contemporaneous documents suggests that deceased died due to illness on 16.02.2024 in Bagru, Jaipur but a false complaint has been filed stating therein that the deceased died at Aurangabad in village Jharibalthar and was cremated by the accused persons on 15.02.2024 itself. Similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 11.09.2024 passed in Cr. Misc. No. 58873 of 2024. The petitioner has got no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the documents annexed at Annexure P-2 series, the fact that similarly situated co-accused persons have been granted anticipatory bail by this court and the petitioner has got no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Tandwa P.S. Case No.

4/4 48 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/- (Anil Kumar Sinha, J) U T