Pramod Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8747 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -FESHAR District- AURANGABAD ======================================================
1. Pramod Singh
2. Bipin Singh Both sons of late Mungeshwar Singh
3. Asha Devi Wife of Pramod Singh
4. Rinku Devi Wife of Binod Singh All resident of Village Karanja Police Station Fesar, District Aurangabad Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioner No. 1 is the Bhaisur, petitioner No. 2 is the Dewar, petitioner No. 3 is the wife of petitioner No. 1 (Pramod Singh) and petitioner No. 4 is the wife of the cousin of the husband of the deceased who apprehend their arrest in connection with a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
Diary in this case was called for earlier which has since been received.
Learned counsel for the petitioners submits that these
Patna High Court Cr.Misc. No.8747 of 2016 (3) dt.02-05-2016 P2/3 petitioners have nothing to do with the occurrence as the demand of dowry is specifically against the husband of the deceased and not against these petitioners. It is further submitted that these petitioners have been living separately in mess and business and so far as the female inmates are concerned, there is no reference of their misbehaviour during the course of the subsistence of the marriage.
Learned counsel for the State submits that it has come on record that these petitioners have participated in the cremation proceeding and, therefore, their role in the alleged occurrence cannot be ruled out.
Considering all facts and circumstances of the case and also because there is no further cogent material in the case diary to indicate that the petitioners had participated in the alleged act or are in any way responsible for the death of the deceased Rinki Kumari, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Aurangabad in connection with Fesar P.S. Case No. 50/2015, subject to the conditions as laid
Patna High Court Cr.Misc. No.8747 of 2016 (3) dt.02-05-2016 P3/3 down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T