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Patna High CourtCR. MISC./9851/2019disposed

Ravi Shankar Singh And ANR v. The State Of Bihar

2019-05-08Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9851 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- AGIAON District- Bhojpur ====================================================== 1.

RAVI SHANKAR SINGH AND ANR Son of Late Mishari Lal Singh Resident of Village - Bagaon Toli, Nahshi 2.

Sarsawati Devi Wife of Ravi Shankar Singh Resident of Village - bagaon Toli, Nahshi ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15858 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- AGIAON District- Bhojpur ====================================================== RAJEEV KUMAR RAJU Son of Ravi Shankar Singh Resident of villageBagaon Toli, Nahshi, P.S.-Agiaon(G), District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Jitendra Kumar Singh Mr. Kanchan Kumar For the State :

Mr. Aditya Naryan Sikngh For the Informant :

Md. Fazie Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2019 Heard learned counsel for the parties.

Cr. Misc. No.9851 of 2019 and Cr. Misc. No.15858 of 2019 arise out of Agiaon (G) P.S.Case No.98 of 2018. The petitioners of both the cases are apprehending their arrest in connection with Agiaon (G) P.S.Case No.98 of 2018 , registered for offences punishable under Sections 304(B) /34 of

Patna High Court CR. MISC. No.9851 of 2019(4) dt.08-05-2019 2/3 the Indian Penal Code.

Petitioners in Cr. Misc. No.9851 of 2019 are father-in-law and mother-in-law and the petitioner in Cr. Misc. No.15858 of 2019 is husband.

Submission of the learned counsel for the petitioners in both the cases is that no specific allegation has been attributed and the postmortem report does not show any injury on the person of the deceased.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that there were allegation of demand of dowry against the petitioners in Cr. Misc. No.9851 of 2019 also. Having heard both sides and from perusal of the record it appears that there are allegation of demand against all the accused persons and that the allegation is general in nature, however, the materials show that it was the petitioner Rajeev Kumar, who provided tea to the deceased and thereafter she died in course of the treatment.

Considering the above facts and circumstances, so far petitioners in Cr. Misc. No.9851 of 2019, as named above, are concerned, they are directed to surrender before the court below within a period of six weeks from the date of receipt of order

Patna High Court CR. MISC. No.9851 of 2019(4) dt.08-05-2019 3/3 and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Bhojpur at Ara in connection with Agiaon (G) P.S.Case No.98 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. So far petitioner of Cr.Misc. No.15858 of 2019, as named above, is concerned, I am not inclined to grant anticipatory bail to him, he may move for regular bail, which will be considered on its own merit.

Accordingly, both the cases are disposed of.

(Vinod Kumar Sinha, J) chn/- U T