Single judge ordered dismissal of one anticipatory bail petition and granted bail to petitioners in a case under sections 498A and 302 IPC involving missing person allegations.
Withdrawal of Cr. Misc. No.48103 of 2014 permitted; Bail granted in Cr. Misc. No.42461 of 2014 on Rs.5,000 bond with two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42461 of 2014
====================================================== 1. Navlakh Rai S/o Late Ramroop Rai resident of village - Karahansi, P.S. - Rohtas 2. Manju Devi W/o Sri Ramjee Singh resident of village - Rupipur, P.S. Nokha, District - Rohtas Natwar, District .... .... Petitioners with Criminal Miscellaneous No.48103 of 2014 Arising Out of PS.Case No. -30 Year- 2009 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Ramjee Singh S/o Late Ganesh Singh resident of village- Rupipur, P.S.Nokha, District- Rohtas .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : (In Cr.Misc. No.42461 of 2014) For the Petitioners : Mr. Rakesh Singh, Advocate For the Opposite Party : Mr. Zainul Abedin (App) (In Cr.Misc. No.48103 of 2014) For the Petitioner : Mr. Rakesh Singh, Advocate For the Opposite Party Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
Petitioners pray for grant of anticipatory bail in a case under sections 498a, 302,201/34 IPC.
Informant is the father of first wife (Sunaina Devi) of petitioner Ramjee Singh. Petitioner no.2 Manju Devi is second wife of petitioner Ramjee Singh, whereas petitioner no. 1 is brother-in-law (Sadhu) of Manju Devi.
The informant alleged that petitioner Ramjee Singh married Manju Devi during life time of his first wife Sunaina Devi, thereafter they pushed out his daughter. However, after a
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lot of persuasion he started keeping her since 24.2.2009. The informant further states that after some day, petitioner Ramji Singh came to him and said that his daughter is missing.
Learned counsel for the petitioners submits that the informant did not file any case regarding missing of his daughter soon after she became untraceable. Further they are not in touch with the daughter of the informant for quite long time, so they cannot be held accountable for her missing.
Learned counsel for the State opposes the prayer for bail.
The anticipatory bail petition of petitioner Ramjee Singh (Cr.Misc.No.48103 of 2014) is permitted to be withdrawn, as prayed by learned counsel for the petitioners.
In the facts and circumstances of the case, in the event of arrest/surrender, let both the petitioners of Cr Misc No.42461 of 2014 mentioned above be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Sri Awadesh Kumar, JM, 1st class, Bikramganj(Rohtas) in Bikramganj Police station Case No. 30 of 2009.
Shashi. U T
(Samarendra Pratap Singh, J)
3 issues framed by the court
Whether to grant bail or permit withdrawal of anticipatory bail petitions filed in a case alleging sending away of daughter and missing person complaints.
Whether the accused persons are eligible for bail in a case involving sections 498A and 302 IPC.
Whether to release the petitioners on bail upon furnishing personal bond and sureties.
1 provisions across 1 enactments
Navlakh Rai S/o Late Ramroop Rai
Manju Devi W/o Sri Ramjee Singh
Ramjee Singh S/o Late Ganesh Singh
The State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
