Kamlesh Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6471 of 2018 Arising Out of PS. Case No.-114 Year-2017 Thana- NAUTAN District- Siwan ======================================================

1. Kamlesh Kumar Singh, Son of Sudama Singh.

2. Rama Shankar Singh, Son of Late Shyam Lal Singh,

3. Dilip Kumar Singh @ Dilip Singh, Son of Rama Shankar Singh, All 1 to 3 are residents of Village- Bishunpura, P.S.- Nautan, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Yogendra Prasad Sinha For the Opposite Party/s :

Mr. SRI ABHAY KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2018 Heard learned counsels for the parties.

The petitioner no. 1 being elder brother, petitioner no. 2 being uncle of the husband of the victim and petitioner no. 3 being son of petitioner no. 2, are apprehending arrest in a case registered for the offences punishable under sections 304B, 201 and 120B of the IPC.

The prosecution case, as per the written report of Dina Nath Singh dated 1.7.2017, addressed to the SHO, Nautan Police Station, is to the effect that the informant's daughter Rinku Devi was married with Akhilesh Singh on 28.5.2011. Subsequently, the accused persons started demanding one Hero Honda motorcycle and for non-fulfillment of the same, she was

Patna High Court Cr.Misc. No.6471 of 2018(2) dt.05-02-2018 2/3 being tortured and she used to disclose to the informant the nature of torture being inflicted to her. On 30.6.2017, the informant came to know through his relative that all the accused persons have killed the daughter of the informant and have concealed the dead body.

It is submitted by learned counsel for the petitioners that the petitioners are partitioned from the husband of the informant's daughter. So far as petitioner no. 1 is concerned, after going through the case diary, the learned Sessions Judge has recorded in the impugned order that the deceased was living separately from other family members. The brothers of the husband of the deceased were separate in mess though they used to reside in the same building. The dead body of the deceased was recovered from a room and in that area of the building only 80-year-old mother of the husband of the deceased was residing. In fact the husband of the deceased deserted her and went abroad and till date has not returned, as a result, the victim perhaps committed suicide.

Learned APP submits that accusation has been levelled against all the named accused persons including the petitioners. Considering the fact that the thrust of accusation is against the husband of the deceased and the learned Sessions Judge has

Patna High Court Cr.Misc. No.6471 of 2018(2) dt.05-02-2018 3/3 found from perusal of the case diary that the victim was residing separate from the petitioners, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM- XII, Siwan in connection with Nautan P.S. Case No.114 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U