Allowed

Visheshwar Singh@ Suman Singh v. The State of Bihar

Patna HC18 Dec 2023CR. MISC./51677/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in an alleged Section 498A case, allowing six weeks to surrender. The order also permitted parties to seek mediation for reconciliation before the court below.

What did the court decide?

Anticipatory bail granted subject to surrender within six weeks, bail bond of Rs. 20,000 with two sureties, and conditions under Section 438(2) CrPC.

Visheshwar Singh@ Suman Singh Vs The State of Bihar — Domestic Violence | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51677 of 2023

¶2

Arising Out of PS. Case No.-1847 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar

¶3

======================================================

¶4

Visheshwar Singh@ Suman Singh Son Of Jayakishan Singh Resident Of Village- Kanwa Tola, Sirsa, Ps- Muffasil, Distt- Katihar

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar.

¶8

Indu Devi Wife Of Visheshwar Singh @ Suman Singh Resident Of VillageKheria, Ps- Korha, Dist- Katihar.

¶9

... ... Opposite Party/s

¶10

======================================================

¶11

Appearance :

¶12

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶13

ORAL ORDER

¶14

4 18-12-2023

¶15

Learned counsel for the petitioner is permitted to

¶16

remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

¶17

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶18

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 1847 of 2022 dated 10.10.2022 registered for the offence punishable under Sections 498A of the Indian Penal Code.

¶19

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

¶20

Patna High Court CR. MISC. No.51677 of 2023(4) dt.18-12-2023 2/3

¶21

mentally and physically due to non-fulfillment of demand of Rs. 5,00,000/- as dowry.

¶22

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the from bare perusal of the prosecution case, it appears that the present case has been filed after 26 years of marriage. It is further submitted that the petitioner neither demanded any dowry nor tortured the complainant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

¶23

Patna High Court CR. MISC. No.51677 of 2023(4) dt.18-12-2023 3/3

¶24

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

¶25

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Katihar in connection with Complaint Case No. 1847 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶26

8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

¶27

9. The application stands allowed.

¶28

(Chandra Prakash Singh, J)

¶29

Nilmani/-

¶30

U T

Visheshwar Singh@ Suman Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Visheshwar Singh@ Suman Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar @ Manoj Mehta Vs The State of Bihar

Jitendra Mandal @ Jitendra Prasad Mandal Vs The State of Bihar

Aditya Singh @ Aditya Kumar @ Dhan Singh Vs The State of Bihar

Suman Saourav Vs The State of Bihar

Dharmendra Mistry @ Dharmendra Vishwa Karma Vs the State of Bihar

Neha Kumari Vs the State of Bihar