Chiranjivi Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49844 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ======================================================
1. Chiranjivi Singh S/o Late Maya Singh R/o Village - Kalkalhan, P.S. - Barouli, District - Gopalganj.
2. Shiv Kumari Devi @ Sheo Kumari W/o Raghunath Singh
3. Manju Devi D/o - Raghunath Singh Both resident of Village - Gangwa, P.S. - Sidhwaliya, District - Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Sidhwaliya P.S.Case No. 37/2014 registered for the offences punishable under Sections 328, 302, 201/34 of the Indian Penal Code.
Allegedly, the daughter of the informant, who was married in the year, 1999 with Rajeev Kumar Singh, was subjected to torture and cruelty and ultimately, she was done to death by administering poison and cremated her dead body to destroy the evidence.
Patna High Court Cr.Misc. No.49844 of 2014 (2) dt.09-04-2015 2/3 Submission is of false implication, and the petitioner No. 1 is Nandosi, petitioner No. 2 is mother-in-law and petitioner No. 3 is Nanad of the deceased and they have got no concern with the family affairs of the deceased and her husband and during investigation, the witnesses vide paragraphs - 7, 8, 23 and 24 of the case diary have not supported the prosecution case, which is evident from the impugned order itself. However, now after considering the real fact, the informant has compromised the case and compromise petition has already been filed in the court below, copy of which is being filed today, which is kept on the record.
Learned A.P.P. opposes the prayer for pre-arrest bail. Considering that during investigation, as stated above, some of the witnesses have not supported the prosecution case and the petitioners are Nandosi, mother-in-law and nanad and as such, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- ( Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Sidhwaliya P.S.Case No. 37/2014, subject to the conditions as laid down under Section
Patna High Court Cr.Misc. No.49844 of 2014 (2) dt.09-04-2015 3/3 438 (2) of the Cr. P.C.
(Jitendra Mohan Sharma, J) Sudha/- U T