Patna High CourtCR. MISC./13976/2024bail granted

Kameshwar Singh v. The State Of Bihar

2025-01-10Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13976 of 2024 Arising Out of PS. Case No.-448 Year-2016 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Kameshwar Singh Son of Late Nagina Singh R/o Medhawa P. S. Dhanapur, District- Chandauli. (UP) ... ... Petitioner/s

Versus

The State of Bihar 2.

Archana Devi Wife of Rajan Singh Resident of Medhawa, P.S.- Dhanapur, District- Chandauli (UP) at present residing at Daughter of late Chandrama Singh, village- Baruna, P.S.- Buxar (Industrial), Dist.- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 448C of 2016 for the offence under Sections 498(A), 323 and 504 of the Indian Penal Code and section3 and 4 of the Dowry Prohibition Act, lodged by the complainant Archana Devi.

3. As per the prosecution story, the complainant filed the complaint against the accused persons including this petitioner that she was married in the year 2012 but was tortured for dowry and later thrown after which the complaint.

4. Earlier in this case, notice was issued to the complainant on 12.03.2024 and as per the office notes, it was

Patna High Court CR. MISC. No.13976 of 2024(8) dt.10-01-2025 2/3 received by the brother-in-law of the opposite party no.2 after which the petitioner filed jointness petition.

5. There is no appearance on behalf of the opposite party no.2.

6. It is the case of the petitioner that he is the fatherin-law, living separately having no role to play in the matter and will be diligently appearing in trial.

7. Learned APP Mr. Jitendra Kumar Singh opposes the prayer for bail submitting that his role has also come in the matter.

8. Taking into account the submissions put forward by the parties as also the fact that the petitioner is father-in-law, interim protection was already granted to him on 12.03.2024 and since there is no appearance on behalf of the opposite party no.2, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Buxar, in connection with Complaint Case No. 448C of 2016,

Patna High Court CR. MISC. No.13976 of 2024(8) dt.10-01-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T