Kamlesh Singh @ Kamlesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7387 of 2020 Arising Out of PS. Case No.-33 Year-2019 Thana- DURAULI District- Siwan ====================================================== 1.

KAMLESH SINGH @ KAMLESH S/o Munesar Resident of Village- Hata Khas, P.S.- Banuadih, Distt- Deoria (U.P.) 2.

Rajpati Devi W/o Kamlesh Singh Resident of Village- Hata Khas, P.S.- Banuadih, Distt- Deoria (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Darauli P.S. Case no. 33 of 2019 instituted for the offence under Sections 304B and 120B of the Indian Penal Code. As per allegation in the FIR, petitioners have tortured the sister of the informant in various ways for non-fulfillment of dowry demand.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 and 2 are father-in-law and mother-in-law of the deceased. They are innocent and have been

Patna High Court CR. MISC. No.7387 of 2020(4) dt.27-10-2021 2/2 falsely implicated in this case. He has got no criminal antecedent. Daughter-in-law (deceased) was suffering from T.V.. She died in Gorakhpur Hospital during course of treatment. Brother-in-law and bhabhi have already been granted bail. 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 Darauli P.S. Case no. 33 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 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U