Birendra Prasad Singh @ Birendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.818 of 2017 Arising Out of PS.Case No. -334 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Birendra Prasad Singh @ Birendra Singh, Son of Late Ramsogarath Singh.

2. Malti Devi, Wife of Birendra Prasad Singh @ Birendra Singh.

3. Sonu Singh, Son of Birendra Prasad Singh @ Birendra Singh.

4. Ruby Devi, Wife of Sonu Singh, All are residents of Village- Chhitrauli, P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ansul, Adv For the Opposite Party/s : Mr. Sri Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner apprehends their arrest in connection with Mahua P.S. case No. 334 of 2016 instituted under Sections 304-B, 120/34 of the Indian Penal Code.

The allegation, in brief, is that the marriage was solemnized two years back and due to non fulfillment of dowry demand victim was assaulted and killed and the body was disposed of. It is submitted that the fact is that the victim died due to cardiac arrest. Petitioner no. 1 is the Father-in-law and petitioner no. 2 is the Mother-in-law and they are old aged

Patna High Court Cr.Misc. No.818 of 2017 (3) dt.07-02-2017 persons and petitioner no. 3 is the elder brother of the husband of the deceased and petitioner no. 4 is the wife of petitioner no. 3 and there is no specific allegation against female members. Having considered the aforesaid facts and circumstances that Malti Devi petitioner no. 2 and Ruby Devi petitioner no. 4 are ladies, mother-in-law and sister-in-law of the deceased having no specific allegation are directed to be released on bail in the event of arrest or surrender before the court below within four weeks from today, upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. case No.

334 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. As far as Birendra Prasad Singh petitioner no. 1 and Sonu Singh petitioner no. 3 are concerned, their prayer for anticipatory bail is rejected. However, if they surrender before the court below and seek regular bail, their bail petition shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) Ranjan/- U