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Rameshwar Singh & Anr vs State Of Bihar & Anr on 12 September, 2018


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

Appearance :

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.

Date: 12-09-2018

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)

Uploading Date 13.09.2018
Transmission 13.09.2018

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