High Court Patna High Court - Orders

Jamadar Singh &Amp; Ors vs The State Of Bihar &Amp; Anr on 7 October, 2010

Patna High Court – Orders
Jamadar Singh &Amp; Ors vs The State Of Bihar &Amp; Anr on 7 October, 2010
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.29534 of 2010
     TAHSHILDAR SINGH, son of late Rampujan Singh, resident of village-Jatiyahin, P.S.
     Raxaul, District-East Champaran
                     Versus
     THE STATE OF BIHAR & ANR
                      WITH
     Cr.Misc. No.29536 of 2010
     1. JAMADAR SINGH, son of late Rampujan Singh
     2. Shobhanti Devi, wife of late Asheshwar Singh
     3. Ruby Devi, wife of Jamadar Singh
     4. Daroga Singh, son of late Ram Pujan Singh
     5. Mukesh Ranjan, son of late Asheshar Singh, all residents of village- Tatiyahin, P.S.
     Raxaul, District-East Champaran.

                    Versus
           THE STATE OF BIHAR & ANR
                           -----------

2. 7.10.2010 The petitioners, who are the husband and in-laws of the

complainant, apprehend their arrest in Raxaul P.S. Case No. 53 of

2010 under Section 498(A) of the Indian Penal Code.

Learned counsel for the petitioners submits that the

allegation is of general and omnibus nature. It is also submitted that the

complainant had also filed a separate case under Section 125 Cr.P.C.

claiming maintenance. Referring Annexure-2 which is the statement of

the complainant in that case, learned counsel points out that the

complainant stated on 23.7.2010 before the learned Principal Judge,

East Champaran, Motihari that all her disputes have been resolved and

now she is living peacefully with her husband and she also prayed for

withdrawal of that case. Learned counsel submits that vide order dated

23.7.2010 the said Maintenance Case No. 125 of 2010 was disposed of

in the light of her evidence. The learned counsel continues to submit

that the grievance under the person of this case also does not remain

any further because the complainant is living with her husband
2

peacefully.

In the facts and circumstances of the case, in the event of

their arrest/surrender before the court below within the period of three

weeks, the petitioners, namely, 1. Tahshildar Singh (in Cr. Misc. No.

29534 of 2010), 1. Jamadar Singh, 2. Shobhanti Devi, 3. Ruby Devi, 4.

Daroga Singh and 5. Mukesh Ranjan ( in Cr. Misc. No. 29536 of 2010)

are admitted to bail on furnishing bail bond of Rs. 10, 000/- (ten

thousand) each with two sureties of the like amount each to the

satisfaction of Sub-divisional Judicial Magistrate, Raxaul, in Raxaul

P.S. Case No. 53 of 2010, subject to the condition as laid down under

Section 438(2) of the Code of Criminal Procedure.

(C. M. Prasad, J.)

Ravi/-