Alok Singh @ Alok Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.536 of 2020 Arising Out of PS. Case No.-848 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.
ALOK SINGH @ ALOK RAM Son of Ashok Singh Resident of Village - Holding No.44/6/B, Jay Narayan Banerjee Lane, near Baranagar Bazar, P.S.- Baranagar, Distt.- North 24 Parganas Kolkata. 2.
Ashok Singh Son of Late Dwarka Lal Singh Resident of Village - Holding No.44/6/B, Jay Narayan Banerjee Lane, near Baranagar Bazar, P.S.- Baranagar, Distt.- North 24 Parganas Kolkata. 3.
Smt. Nirmala Devi Singh W/o Ashok Singh Resident of Village - Holding No.44/6/B, Jay Narayan Banerjee Lane, near Baranagar Bazar, P.S.- Baranagar, Distt.- North 24 Parganas Kolkata. ... ... Petitioners
Versus
1.
THE STATE OF BIHAR 2.
Smt. Malti Devi w/o Arjun Singh Resident of Village - Bhanil, P.O.- Bhanu, P.S.- Akbarpur, Distt.- Nawada.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chitranjan Sinha, Senior Advocate Mrs.Soni Shrivastava, Advocate For the State :
Mr.Nagendra Prasad, Addl Public Prosecutor For opposite party no.2 : Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.
Petitioners apprehend arrest in a case registered for the offences punishable under Sections 3323, 504/506 and other allied sections of the Indian Penal Code.
Petitioners are alleged to have entered into the house of opposite party no.2, attacked her and took away cash, gold ornaments etc from her house.
Defence of the petitioners is that the petitioners are husband, father-in-law and mother-in-law of opposite party no.2 respectively. Opposite party no.2 earlier had filed a case against
Patna High Court CR. MISC. No.536 of 2020(2) dt.19-02-2020 2/2 the petitioners for the offence under section 498A of the Indian Penal Code in which they are on bail. Instant false case has been filed to exert pressure on the petitioners.
Counsel for the opposite party no.2 opposes the prayer for bail.
Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Complaint case no. 848 of 2018, on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Shashi U T