Vinay Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55358 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Vinay Singh, son of Ram Pukar Singh, resident of village Kosdihra, Post Lodipur, P.S. Paraiya, Distt. Gaya, presently residing at New Colony, Ghorath, P.S.Sidhari, Distt. Azamgarh (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Chandrashwar Singh @ Chandrashekhar Singh, son of Nand Kishore Singh, resident of village Karmadih, P.O. & P.S. Barun, Distt. Aurangabad.

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

For the Petitioner/s : Mr. Sanjay Kumar Verma, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barun P.S. Case No. 23 of 2017 instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is father-in-law of the deceased. The deceased died on 19.7.2016 in Avadh Hospital & Heart Centre, Lucknow. The case has been filed on 4.2.2017 after lapse of seven months. The deceased was pregnant and she died during treatment as is apparent from the Death certificate issued from the Avadh Hospital & Heart Centre (Annexpure-P2) series. From the complaint petition it appears that there is no

Patna High Court Cr.Misc. No.55358 of 2017 (3) dt.22-11-2017 2/2 any allegation of specific overt act against this petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barun P.S. Case No. 23 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.