Rabindar Singh @ Rabindar Kumar Singh Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2025)

Rabindar Singh @ Rabindar Kumar Singh Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bond(s) of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, Patna, subject to Section 438(2) Cr.P.C. conditions and the four additional conditions recorded at paras 23-29 (bona fide family-member bailor; attendance on all trial dates with cancellation after two consecutive unexplained absences; bar on inducing/threatening witnesses or tampering with evidence; desistance from fresh offences).

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Parsa Bazar Case No. 76 of 2015 (offence under section 498(A) IPC and 3/4 of the Dowry Prohibition Act, FIR dated 18.05.2015 by informant Savita Kumari), should be extended the privilege of anticipatory bail.

Court's answer

The Court, having found from the couple's presence and body language that the petitioner and the informant are living together happily, held that rather than keep the matter pending the appropriate course was to consign it and accordingly inclined to extend the petitioner the privilege of anticipatory bail.

Ratio / Principle

The petitioner is to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, Patna, in connection with Parsa Bazar Case No. 76 of 2015, subject to the conditions under Section 438(2) Cr.P.C. and four additional conditions (one bailor to be a family member/relative providing official proof of bona fide; appearance on every trial date, failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court itself; no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; desistence from fresh offences, failing which the State may seek cancellation of bail bonds).

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED - High Court of Judicature at Patna (Rajiv Roy, J), Criminal Miscellaneous No.7915 of 2024, oral order dated 17-01-2025. Petitioner Rabindar Singh @ Rabindar Kumar Singh apprehended arrest in Parsa Bazar (Dist.- Patna) PS Case No. 76 of 2015, FIR dated 18.05.2015 lodged by informant Savita Kumari for offence under section 498(A) IPC and 3/4 of the Dowry Prohibition Act. Pursuant to the Court's last order the petitioner and informant appeared before the Court, were found residing together, and the Court was satisfied from their body language that they were living together happily. Rather than keep the matter pending, the Court consigned it and extended anticipatory bail: release on bail in the event of arrest or surrender within four weeks, on bail bond(s) of Rs. 10,000/- each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, Patna, subject to Section 438(2) Cr.P.C. conditions and four further conditions - one bailor a bona fide family member/relative with official documentation; attendance on every Trial Court date with bail-bond cancellation after two consecutive unexplained absences; abstention from inducing/promising/threatening witnesses or tampering with evidence; and desistance from fresh offences, failing which the State may seek cancellation of bail bonds. No precedents cited; no impugned order; single-judge bench, no separate opinions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7915 of 2024

Arising Out of PS. Case No.-76 Year-2015 Thana- PARSABAZAR District- Patna

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

Rabindar Singh @ Rabindar Kumar Singh S/o- Ram Pratap Singh R/oChandmari Lodipur Danapur Cantt Ps- Shahpur Dist- Patna, A/P- Palanga Suitha Ps- Parsa Bazar Dist- Patna

... ... Petitioner/s

Versus

The State Of Bihar

Savita Kumari D/o- Upendra Singh Village- Chhatra Pipra Ps- Parsa Bazar Dist- Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs. Namrata Mishra, Sr. Advocate Mr. Chhote Lal Mishra, Advocate Mr. Jyoti Prasad, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP For the O.P. No. 2 : Mr. Satya Ranjan Sinha, Advocate Ms. Seema Kumari, Advocate Mr. Dhananjay Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

7 17-01-2025

Heard Mrs. Namrata Mishra, learned Senior counsel

for the petitioner and Mr. Satya Ranjan Singh, learned counsel representing the informant beside learned APP for the State.

The petitioner is apprehending his arrest in

connection with Parsa Bazar Case No. 76 of 2015 for the offence under section 498(A) of the IPC and 3/4 of Dowry Prohibition Act lodged on 18.05.2015 by the informant, Savita Kumari.

Pursuant to the last order passed by this Court, the

couple is present, they are residing together and from their body

Patna High Court CR. MISC. No.7915 of 2024(7) dt.17-01-2025 2/3

language, this Court is satisfied that they are living together happily.

Instead of keeping the matter pending, it would be appropriate that the same is consigned, in that background, this Court is inclined to extend the petitioner privilege of anticipatory bail.

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 learned Judicial Magistrate, Patna, in connection with Parsa Bazar Case No. 76 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(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;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.7915 of 2024(7) dt.17-01-2025 3/3

failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(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.

(Rajiv Roy, J)

Adnan/-

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