Anil Kumar Singh @ Anil Singh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58260 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -MALAYPUR District- JAMUI ======================================================
1. Anil Kumar Singh @ Anil Singh S/o Late Narsingh
2. Runa Devi W/o Shri Anil Singh Both R/o Village-Garhwa Katauan, P.S.-Malaypur, District-Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-03-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Malaypur P.S.Case No. 26/2015 registered for offences punishable under Sections 304 B/34 of the I.P.C. and 3⁄4 of D. P. Act. The prosecution case as per the F.I.R. lodged by the father of the deceased stating therein that marriage between the son of the petitioners and the deceased was solemnized on 29.06.2011. The father of the informant alleged in the F.I.R. that he learnt about the death of his daughter Rajni Singh and her minor son on 05.07.2015. It has been alleged that they used to make demand of dowry.
Patna High Court Cr.Misc. No.58260 of 2015 (3) dt.04-03-2016 2/3 It has been submitted by the learned counsel for the petitioners that they are father-in-law and mother in law of the deceased and the husband of the deceased is already in custody. It has further been submitted that there was no dowry demand from the petitioners' side and their son and deceased used to live in upper floor, which is substantiated by independent witnesses at paras-94, 95 and 96 of the case diary. There is no motive assigned for the involvement in the commission of the offence. It has been submitted that the brother of husband of the deceased has since been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 56880 of 2015 on 26.02.2016.
However, learned A.P.P. for the State submits that daughter-in-law of the petitioners along with the two minor children had been killed by the petitioners and the husband and burnt by the petitioners and other co-accused and opposes the prayer for bail.
Since, husband of the deceased has been in custody and there is no eye witness, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Malaypur P.S.Case No.
Patna High Court Cr.Misc. No.58260 of 2015 (3) dt.04-03-2016 3/3 26/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T