Devendra Nath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20449 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== DEVENDRA NATH SINGH Son of Late Keshwar Mahto Resident of Village - Satyarganj, P.S.- Islampur, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madan Prasad Singh No.2 For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2020 The Court proceeding has been conducted through virtual mode.
The petitioner being the father of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act.
The prosecution case, as per the written report of Dashrath Prasad, submitted to the SHO, Islampur Police Station is to the effect that on 9.12.2019, some person from in-laws side of his daughter, informed that the informant's daughter has been killed by her in-laws' people by hanging and her dead body has been disposed of. Thereafter, the informant went to her daughter's in-laws house who was married with the son of the petitioner, namely, Saurabh Kumar alias Sonu on 3.7.2017, but
Patna High Court CR. MISC. No.20449 of 2020(2) dt.14-07-2020 2/3 subsequent to the marriage, there was dowry demand of Rupees Ten Lacs and due to non-fulfillment of the same, torture was inflicted and as a result of the same, the daughter of the informant committed suicide.
It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the victim, who has been granted regular bail by the learned ADJ-I, Hilsa vide BP No. 171 of 2020 on the ground that the victim was found to have committed suicide as the door was locked from inside and there was no injury on the person of the victim. Learned APP submits that the petitioner is named in the FIR and all the in-laws people have killed the victim after a little more than three years of marriage.
Considering the fact that thrust of accusation is against the husband of the victim who has been granted bail and the accusation being omnibus and general against the entire inlaws family, let the petitioner above named in the event of arrest of arrest or surrender be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda at Biharsharif, in connection with Islampur P.S. Case No. 612 of 2019.
Patna High Court CR. MISC. No.20449 of 2020(2) dt.14-07-2020 3/3 However, in view of the present pandemic, Covid 19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda at Biharsharif, in connection with Islampur P.S. Case No. 612 of 2019.
The learned Court below will further be at liberty to extend the period of provisional bail further if he Court proceeding in physical mode will not resume in next three months.
(Dinesh Kumar Singh, J) anil/- U T