Mahendra Singh @ Mahendra Prasad Singh @ Mahendar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16298 of 2021 Arising Out of PS. Case No.-12 Year-2019 Thana- BAUSI District- Araria ====================================================== 1.

MAHENDRA SINGH @ MAHENDRA PRASAD SINGH @ MAHENDAR SINGH S/O UTTAM LAL SINGH R/o village- Basaithi, P.S.- Bounsi, District- Araria 2.

Alok Kumar Singh S/o Mahendra Singh @ Mahendra Prasad Singh R/o village- Basaithi, P.S.- Bounsi, District- Araria 3.

Avanti Devi W/o Mahendra Singh @ Mahendra Prasad Singh R/o villageBasaithi, P.S.- Bounsi, District- Araria 4.

Surendra Singh S/o Umesh Singh R/o village- Basaithi, P.S.- Bounsi, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bounsi P.S. Case no. 12 of 2019 instituted for the offence under Sections 304B/34 of the Indian Penal Code. The prosecution story relates to dowry death due to

Patna High Court CR. MISC. No.16298 of 2021(2) dt.21-12-2021 2/3 non-fulfillment of dowry demand.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is cousin father-in-law, petitioner no. 2 is cousin brother-in-law, petitioner no. 3 is cousin mother-in-law and petitioner no. 4 is co-villager of the deceased. Responsibility to take care of wife with full honour and dignity is upon husband and not upon his family members. Husband is languishing in judicial custody. Petitioners have no concern with the deceased and her husband rather they are living separately. After investigation police has submitted final form not finding the case true against the petitioner thereafter, cognizance has been taken by the learned lower court. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bounsi P.S. Case no. 12 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16298 of 2021(2) dt.21-12-2021 3/3 amount each to the satisfaction of learned ACJM 1st, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U