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Patna High CourtCR. MISC./15509/2019allowed

Radhe Shyam Singh And ORS v. The State Of Bihar

2019-03-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15509 of 2019 Arising Out of PS. Case No.-54 Year-2018 Thana- AZIMABAD District- Bhojpur ====================================================== 1.

RADHE SHYAM SINGH S/O Late Lal Banshi Singh, Resident of VillageMehariya, P.S.- Azimabad, District- Bhojpur. 2.

Vimal Singh, S/O- Radhe Shyam Singh, Resident of Village- Mehariya, P.S.- Azimabad in the District of Bhojpur.

3.

Pappu Kumar @ Pappu Singh, S/o- Radhe Shyam Singh, Resident of Village- Mehariya, P.S.- Azimabad in the District of Bhojpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Akhileshwar Prasad Sinha, Senior Advocate Mr.Prabhu Narayan Sharma, Advocate For the Opposite Party :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Azimabad P.S. Case No. 54 of 2018 for the offence under Sections 304(B) and 201/34 of the Indian Penal Code. Petitioner No.1 is father-in-law of the deceased, whereas petitioners No. 2 and 3 are the sons of petitioner No.1. Learned Senior Counsel, appearing on behalf of the petitioners, appears to be correct in his submission that there is no specific allegation against the petitioners of having made any demand for dowry or torture therefor. It has also been argued that there is no allegation that soon before the death of the deceased any demand for dowry was made.

Patna High Court CR. MISC. No.15509 of 2019(2) dt.13-03-2019 2/2 Considering the facts and circumstances, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Ara, in Azimabad P.S. Case No. 54 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T