Patna High CourtCR. MISC./5951/2020partly allowed disposal

Ashok Singh v. The State Of Bihar

2020-07-03Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5951 of 2020 Arising Out of PS. Case No.-663 Year-2019 Thana- FATUA District- Patna ====================================================== 1.

ASHOK SINGH, Son of Late Chandrika Prasad 2.

Usha Devi @ Shanti Devi, W/o Ashok Singh Both are Resident of Village - Rasalpur, P.S.- Fatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-07-2020 Learned counsel for the petitioners has informed that the petitioner no.1 has already been arrested, therefore, the present petition as regards the petitioner no.1 is not pressed. In such circumstance, let the prayer for anticipatory bail on behalf of the petitioner no.1 be treated as having become infructuous. This application, therefore, survives only against petitioner no.2.

The petitioner no.2 in the present case is seeking anticipatory bail in connection with Fatuha P.S. Case No.663 of 2019 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5951 of 2020(2) dt.03-07-2020 2/3 petitioner no.2 is said to be the mother-in-law of the deceased, there is no specific allegation against her and she has falsely been implicated in the present case.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein the petitioner no.2 is said to be the mother-in-law of the deceased, there is no specific allegation against her, the marriage had taken place about eight years back and similarly situated accused such as Devar of the deceased and his wife have been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr.Misc.No.3251 of 2020, let the petitioner no.2 above named in the event of her arrest or surrender within a period of four weeks from today in connection with Fatuha P.S. Case No.663 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Patna City, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

Patna High Court CR. MISC. No.5951 of 2020(2) dt.03-07-2020 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.