Anil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32044 of 2024 Arising Out of PS. Case No.-165 Year-2020 Thana- MANER District- Patna ====================================================== Anil Singh, son of Late Ram Ratan Singh, resident of Village - Ratan Tola, P.S. - Maner, Distt- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupesh Kumar, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Maner P.S. Case No. 165 of 2020, registered for the offence under Sections 304(B) and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 24.05.2023.
4. The allegation against the petitioner is to cause death of daughter of the informant, alongwith other coaccused, for non-fulfillment of demand of dowry.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated out of relation
Patna High Court CR. MISC. No.32044 of 2024(2) dt.26-04-2024 2/3 only being father-in-law who is living separately much prior to this occurrence with the deceased and her husband, who is in custody. In support of his submission, learned counsel referred Annexure '2' of the petition showing family settlement and finding of local panchayati, suggesting that the petitioner is living separately since 11.11.2018. It is pointed out that petitioner is not connected in any manner with daily and domestic affairs of the deceased and her husband. While concluding argument, it is submitted that petitioner is a senior citizen of about 60 years, who is a man of clean antecedent and, moreover, investigation in this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that the petitioner is the father-in-law.
7. Considering the facts and circumstances as mentioned above, the petitioner is the father-in-law, who is living separately with the deceased and her husband since 11.11.2018 i.e. much before the occurrence and he is in custody since 24.05.2023 coupled with the fact that
Patna High Court CR. MISC. No.32044 of 2024(2) dt.26-04-2024 3/3 chargesheet has already been submitted, let the petitioner, above named, be directed to be released on bail in connection with Maner P.S. Case No. 165 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Danapur/concerned Court, subject to condition as laid down under Section 437(3) of the Cr.P.C. and further conditions that:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(ii) That one of the bailors shall be Manoj Kumar, who is the son-in-law of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J.) Rajeev/- U T