Allowed¶21

Satrudhan Kumar @ Shatrudhan Singh v. The State of Bihar

Patna HC2 Apr 2024CR. MISC./20448/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CRIMINAL MISCELLANEOUS No.20448 of 2024; Rajiv Roy, J.; Mahila P.S. Case No. 53 of 2020, Siwan; sections 498(A) I.P.C.; sections 3/4 D.P. Act; dowry demand/torture; devar (brother-in-law); Section 438(2) Cr.P.C.; bail bond Rs. 10,000 with two sureties; no criminal antecedent; bail conditions; cancellation of bail bond.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan, subject to Section 438(2) Cr.P.C. conditions and additional conditions (family-member bailor with bona fide, regular trial attendance, no witness tampering, no fresh offences). ¶21

Satrudhan Kumar @ Shatrudhan Singh Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Mahila P.S. Case No. 53 of 2020 (sections 498(A) I.P.C. and sections 3/4 D.P. Act), should be extended anticipatory bail.

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Court's answer

Anticipatory bail extended to the petitioner taking into account the parties' submissions and the facts that he is the younger brother-in-law (devar) of the informant, twenty-one years of age, a student, and has no criminal antecedent.

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Ratio / Principle

Petitioner to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing bail bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Mahila P.S. Case No. 53 of 2020.

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Key takeaways

Release made subject to conditions under Section 438(2) Cr.P.C. together with further conditions: one bailor to be a family member providing an official document of bona fide; appearance on each and every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from fresh offences, failing which the State may seek cancellation of the bail bonds.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail granted (Rajiv Roy, J., Patna High Court, 02-04-2024) to the petitioner, the younger brother-in-law (devar) of the informant, aged twenty-one years, a student with no criminal antecedent, in Mahila P.S. Case No. 53 of 2020 (District Siwan) under sections 498(A) I.P.C. and sections 3/4 D.P. Act founded on allegations of persistent dowry torture following the informant's 2017 marriage. Release ordered in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000 with two like sureties to the satisfaction of the Sub-Divisional Judicial Magistrate, Siwan, subject to Section 438(2) Cr.P.C. and additional conditions including a family-member bailor furnishing proof of bona fide, attendance on every trial date (default on two consecutive dates risking cancellation by the Trial Court), abstention from influencing or tampering with witnesses/evidence, and desistance from fresh offences.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20448 of 2024

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Arising Out of PS. Case No.-53 Year-2020 Thana- MAHILA P.S. District- Siwan

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

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Satrudhan Kumar @ Shatrudhan Singh son of Sanjay Singh Village- Nandpur Amwari Ps- Raghunathpur Dist- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Rani Kumari D/o- Guptar Singh Vill Po- Karsar Ps- Raghunathpur DistSiwan

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 02-04-2024

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Heard Mr. Radha Mohan Singh, learned counsel for

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the petitioner and the State.

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The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 53 of 2020 for the offence under sections 498(A) of the I.P.C. and sections 3/4 of the D.P. Act lodged on 15.09.2020 by the informant, Rani Kumari.

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As per the prosecution story, the informant alleged that she got married to one, Chunnu Kumar Singh in the year 2017 but was always tortured for dowry, the family members of the informant even tried to persuade the accused side but they were adamant on getting dowry and she was forced to leave the

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Patna High Court CR. MISC. No.20448 of 2024(2) dt.02-04-2024 2/3

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place. Accordingly, the FIR.

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Learned counsel for the petitioner submits that he is the younger brother-in-law of the informant (devar), living separately, nothing to do with the alleged demand.

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Learned APP opposes the prayer stating that he is part and parcel of the family who tortured the lady for the dowry.

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Taking into account the submissions put forward by the parties as also the fact that he is the younger brother-in-law (devar), twenty-one years of age, is a student and do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Mahila P.S. Case No. 53 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show

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Patna High Court CR. MISC. No.20448 of 2024(2) dt.02-04-2024 3/3

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his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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kiran/-

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U T

Satrudhan Kumar @ Shatrudhan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Satrudhan Kumar @ Shatrudhan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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