IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.41253 of 2010
SHIVJI SINGH @ SHIVJEE SINGH
SON OF LATE RAM NARAYAN SINGH
Versus
STATE OF BIHAR
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2. 19.11.2010. Heard learned counsel appearing on
behalf of the petitioner and learned counsel
appearing on behalf of the State.
The petitioner is in custody in
connection with Complaint Case No.1824 of 2001
for the offence punishable under sections
498A, 304B of the Indian Penal Code and
section 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner,
with reference to the complaint petition
placed at Annexure-2, submits that for the
alleged occurrence which took place on
12.11.2001, the complaint petition was
instituted after a lapse of almost a month on
10.12.2001 and cognizance was taken in the
present case almost six years thereafter in
the year 2007. He submits that the
complainant, realizing his mistake has also
filed a petition before the court below
mentioning that the case was instituted on
hearsay information. He submits that the
deceased was the second wife of the petitioner
2
and that the unfortunate accident was a result
of an altercation between the two wives. It is
stated that during the pendency of the case,
even his first wife who was also made accused
in the present case, has since expired.
Taking into consideration the
submissions of the learned counsel for the
petitioner and considering the circumstances,
let the petitioner Shivji Singh @ Shivjee
Singh be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of the Sub Divisional Judicial
Magistrate, Katihar in connection with
Complaint Case No.1824 of 2001.
ahk (Jyoti Saran, J)