Subhash Singh @ Subhash Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.2340 of 2017 (2) dt.07-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2340 of 2017 Arising Out of PS.Case No. -1315 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Subhash Singh @ Subhash Kumar, son of Late Harvansh Singh,

2. Kamla Kunwar, wife of Late Harvansh Singh,

3. Bhola Singh, son of Mahesh Singh, All residents of Village - Babuganj, Police Station - Tilauthu, District - Rothas at Sasaram. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sasaram (M) P.S. Case No. 1315 of 2015, registered under Sections 304B and 498A/34 of the Indian Penal Code. The accusation is of torturing of sister of informant by her husband and in-laws due to non-fulfillment of demand of dowry, in which, she died on 21.12.2014.

Learned counsel for the petitioners submits that petitioners are brother-in-law, mother-in-law and cousin brother-inlaw of the deceased and they have falsely been implicated in this case. In fact, deceased was suffering from diarrhoea and she was rushed to Narayan Medical Hospital, where she died in course of

Patna High Court Cr.Misc. No.2340 of 2017 (2) dt.07-02-2017 treatment on 21.12.2014 and thereafter the complainant-informant gave his Fardebyan on 21.12.2014 before the Dehri (Town) Police Station, which was forwarded to Sasaram (Tilauthu) Police Station, on which basis, Sasaram (Tilauthu) P.S. Case no. 145 of 2015 was instituted under Section 304(B)/34 of the Indian Penal Code, against the husband and in-laws of the deceased and police submitted the final form on investigation but with ulterior motive the informant filed the Complaint Case No. 15 of 2015 in the court of Chief Judicial Magistrate, Rohtas, Sasaram, which is the basis of the present case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 1315 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T