Arvind Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41157 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -GURUA District- GAYA ======================================================

1. Arvind Singh S/o Late Mohan Singh

2. Vimla Devi W/o Arvind Singh

3. Raushan Kumar S/o Arvind Singh

4. Kunal Kumar @ Chhotu S/o Arvind Singh All are residents of Village - Baheri, P.S. - Gurua, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2016 Heard both sides.

The petitioners apprehend their arrest in Gurua P.S. Case No. 86 of 2015, registered for the offences punishable under Sections 365, 379, 504 and other Sections of the Indian Penal Code.

The informant filed a complaint case on 02.05.2015 that on the request of his wife he allowed his wife to go to religious places along with the petitioners but the petitioners returned and his wife did not return. The informant alleged that the petitioners might have killed his wife.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.41157 of 2016 (3) dt.15-11-2016 2/2 Petitioner nos. 1 and 2 are husband and wife and Petitioner nos. 3 and 4 are sons of Petitioner nos. 1 and 2. The wife of the informant is in the habit of leaving the house. On account of enmity, the petitioners have falsely been implicated in the case. Petitioners are next door neighbours of the informant. During course of the investigation almost all the witnesses including the Mukhiya of the village disclosed the same facts that the wife of the informant fled away from the house and the informant filed the false case.

Learned Additional P.P. did not dispute the fact. Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri G.N. Dubey, Judicial Magistrate 1st Class, Sherghati, Gaya, in connection with Gurua P.S. Case No. 86 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T