IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2998 of 2018
Arising Out of PS.Case No. -438 Year- 2018 Thana -PHULWARI District- PATNA
1. Rameshwar Singh aged about70 years Son of Late Ram Lakhan Singh
2. Sabita Devi aged about 60 years Wife of Rameshwar Singh, Both residents o f
Village- Bhusaula Danapur, Police Station Phulwarisharif, District Patna.
…. …. Appellant/s
1. The State of Bihar.
2. Pratibha Kumari, D/o Azad Ram Manoj Choudhary resident of Village-
Bhusaula, P.S. Phulwarisharif, District Patna. …. …. Respondent/s
For the Appellant/s : Mr. Ashok Kumar Mishra, Adv
For the State : Smt. Usha Kumari No.1, SPP
For the Informant : Mt. Umesh Kumar Roy, Adv.
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 20.07.2018 in A.B.P. No.5170 of 2018 passed by
the learned Special Judge SC/ST Act-cum-Additional Sessions
Judge-V, Patna, in connection with Phulwarisharif P.S.Case No.
438 of 2018 registered under Sections 498A/ 341/ 323/ 307/
504/34 of the Indian Penal Code and Sections 3(i)(x) of the
Scheduled Castes and Scheduled Tribes Act.
The informant had entered into love marriage with
the son of the appellants. After some time, differences arose and
allegation against the appellants is that they are not allowing
the informant to be in the house.
Patna High Court CR. APP (SJ) No.2998 o f 2018 dt.12-09-2018
Submission is that husband was granted bail only
after solemnization of marriage between the two and the matter
is mainly of matrimonial discord between the husband and wife.
Learned counsel for the informant opposed the
prayer for anticipatory bail.
Considering the entire facts of this case, let the
appellants, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on anticipatory
bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)
each with two sureties of the like amount each to the
satisfaction of learned court below where the case is pending in
connection with the aforesaid case, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure and both bailors shall be resident of territorial
jurisdiction of the learned court below and further the
appellants shall fully cooperate with the investigation/trial of
the case, failing which the court below shall be at liberty to
cancel the bail bond of the appellants.
Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Birendra Kumar, J)
CAV DATE NA
Uploading Date 13.09.2018