Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85168 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.

BIPIN SINGH Son of Late Nathuni Singh Resident of Village - Gangra, P.S.- Gidhaur, Distt.- Jamui.

2.

Gita Devi W/o Bipin Singh Resident of Village - Gangra, P.S.- Gidhaur, Distt.- Jamui.

3.

Shubham Kumar Son of Bipin Singh Resident of Village - Gangra, P.S.- Gidhaur, Distt.- Jamui.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kumari Anjani D/o Bhagwan Prasad Singh Resident of Village - Sharma Tola, P.S.- Birupur, Distt.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mahila P.S. Case No. 07 of 2019 for the offence registered under Sections 498(A)/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The allegation is regarding inflicting cruelty upon the opposite party no. 2 who is stated to be the wife of Shri Bikram Kumar on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case. It is further submitted that as far as the petitioner nos. 1 & 2 are concerned, they are the father-in-law and mother-in-law of the opposite party no. 2 i.e. the victim lady and as far as the petitioner no. 3 is concerned, he is the brother-in-law of the victim lady. It is

Patna High Court CR. MISC. No.85168 of 2019(2) dt.22-01-2020 2/2 also submitted that if any one is having any complicity in the matter, it is the husband of the opposite party no. 2 and not the petitioners herein.

Learned A.P.P. Shri Ashok Kumar has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties coupled with the fact that the petitioners are not the husband of the victim lady, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail. Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Mahila P.S. Case No. 07 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

S.Sb/- (Mohit Kumar Shah, J) U T