Shiv Prasad Singh @ Sita Ram Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6381 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Shiv Prasad Singh @ Sita Ram Singh son of Late Jaglal Singh

2. Ram Sagar Singh son of Late Jaglal Singh

3. Ram Swaroop Singh son of Late Jaglal Singh All residents of village - Mahindwara, Police Station - Mahnar, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the father and uncles of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 306 and 201 of the Indian Penal Code.

The prosecution case is that the wife of

Patna High Court Cr.Misc. No.6381 of 2016 (2) dt.10-02-2016 2/3 the informant went to her maternal father's house since her grand mother died but by the time she reached the dead body was taken to the embankment of the river for cremation she was scolded by the petitioners and others as a result she jumped into the river.

It is submitted by learned counsel for the petitioners that the informant is the husband of the victim and present case has been lodged by the informant in order to save his skin from a case under Section 304B of the IPC. The accusation is omnibus and general against entire family and even assuming the accusation no offence under Section 306 of the IPC is made out.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with

Patna High Court Cr.Misc. No.6381 of 2016 (2) dt.10-02-2016 3/3 Mahnar P.S. Case No. 214 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T