Suresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20869 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
SURESH SINGH, Son of Late Maho Singh, Resident of Village - Manjor, P.S.- Warsaliganj, Distt.- Nawada.
2.
Indu Devi, Wife of Suresh Singh, Resident of Village - Manjor, P.s.- Warsaliganj, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners, being the grand parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
The prosecution case as per the written report of Chandra Kala Devi submitted to the SHO, Warisaliganj P.S. is to the effect that the second daughter of the informant namely, Sonam @ Chhoti Kumari (the victim) was married with grand son of the petitioners, Rupesh Kumar Singh on 11.05.2014 and subsequently, they were blessed with two children. It is further alleged that all the in-law family members of the victim used to
Patna High Court CR. MISC. No.20869 of 2019(2) dt.12-04-2019 2/3 pressurize the informant for transfer certain land in favour of Manoj Kumar, the father of the husband of the victim. On 08.11.2019, the husband of the victim, Rupesh Kumar Singh along with three others, came to the house of the informant and took away the motorcycle of the husband of the informant and they also threatened the informant for transfer land in question. On 11.01.2019, the victim informed the informant on phone call that if the land in question is not transferred in the name of coaccused Manoj Kumar, then all the accused persons killed the daughter of the informant. It is also alleged that on 12.01.2019, the husband of the sister-in-law of the informant informed her that the daughter of the informant has been killed by her in-law family members by putting her on fire, as consequently, the informant went to the in-law house of his daughter and came to know that her daughter has been killed by all the accused persons including the petitioners.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire in-law family members including the petitioners and the petitioners are the grand parents of the husband of the victim. It is further submitted that the petitioners are old persons and the thrust of accusation is against the husband of the victim. A statement has
Patna High Court CR. MISC. No.20869 of 2019(2) dt.12-04-2019 3/3 been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned counsel for the informant that all the accused persons including the petitioners, used to torture the daughter of the informant and subsequently, killed her. Considering the fact that the thrust of accusation is against the husband of the victim and co-accused, Manoj Kumar, the accusation is omnibus and general against the entire in-law family members of the victim and the petitioners being an old persons, 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 12 weeks from today, 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 CJM, Nawada, in connection with Warisaliganj P.S. Case No. 07 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/- U T