Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20038 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== 1.
Santosh Singh son of Late Ram Chandar Singh Village- Nimaithi Ps- Baheri Dist- Darbhanga 2.
Munni Devi wife of Santosh Singh Village- Nimaithi Ps- Baheri DistDarbhanga 3.
Om Prakash Singh @ Bhola Singh son of Santosh Singh Village- Nimaithi Ps- Baheri Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2024 Heard the parties.
2. The petitioners are apprehending arrest in connection with Baheri P.S. Case No. 336 of 2023 instituted under Section 304(B), 201/34 of the Indian Penal Code lodged on 11.10.2023 by the informant, Reena Devi.
3. As per the prosecution story, the informant has alleged that her daughter, Nisha Kumari was married to Mukesh Singh but always tortured for dowry. Later, she came to know that she has been burnt to death. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that they are cousin father-in-law, cousin mother-in-law and cousin
Patna High Court CR. MISC. No.20038 of 2024(2) dt.02-04-2024 2/3 brother-in-law, living separately from the family, having no business with them.
5. Learned APP opposes the prayer submitting that within two years of marriage, she died.
6. Though, there is allegation against the accused persons, the three petitioners are not directly related to the accused persons, as submitted by the learned counsel for the petitioners, one of them is a lady while petitioner no.3 is 18 years old boy, none of them have criminal antecedent, this Court is inclined to extend them privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Baheri P.S. Case No. 336 of 2023 to the satisfaction of learned A.C.J.M.-VII, Darbhanga subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.20038 of 2024(2) dt.02-04-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T