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Patna High CourtCR. MISC./35552/2014bail granted

Mala Kumari And ORS v. The State Of Bihar

2015-07-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35552 of 2014 Arising Out of PS.Case No. -74 Year- 2013 Thana -PANAPUR District- SARAN ======================================================

1. Mala Kumari daughter of Late Chandra Ket Singh

2. Kamli Kuer @ Kamlawati Kuer wife of late Chandra Ket Singh

3. Chitranjan Singh @ Chitranjan Kumar Singh son of Late Chandra Ket Singh All are residents of village- Rampur Rudra,61, P.S.- Panapur, Distt.- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners Despite repeated calls, none appears on behalf of the State.

The petitioners seek anticipatory bail in connection with Panapur P.S. Case No.74 of 2013 registered under section 366 read with 34 of the Indian Penal.

It is contended that the daughter of the informant is a major girl aged about 19 years and she was having an affair with co-accused Rajesh Singh @ Pandit. The elder brother of Rajesh Singh was married to the cousin sister of the informant and being related co-accused Rajesh Singh was on visiting terms. The alleged victim eloped with co-accused Rajesh Singh and for no rhyme or reason the petitioners being co-villagers and a neighbour of the informant have been made accused in the present case.

Patna High Court Cr.Misc. No.35552 of 2014 (5) dt.23-07-2015 2/2 It is further contended that the petitioner Kamli Kuer is a very old lady suffering from various ailments and the petitioner Mala Kumari is her unmarried daughter whereas petitioner Chitranjan Singh is her son who lives at Phagwar (Punjab) permanently in connection with his service and have nothing to do with co-accused Rajesh Singh and his family members.

From perusal of the case diary, it would appear that the witnesses have supported the fact that the daughter of the informant was having an affair with co-accused Rajesh Singh @ Pandit.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Singh, Judicial Magistrate, 1st Class, Saran at Chapra in connection with Panapur P.S. Case No.74 of 2013 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T