Abinash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39064 of 2021 Arising Out of PS. Case No.-58 Year-2019 Thana- TARAPUR District- Munger ====================================================== 1.
Abinash Singh S/O Late Anirudh Singh R/o village- Saroun, P.S.- Tarapur, District- Munger 2.
Rekha Devi W/o Abinash Singh R/o village- Saroun, P.S.- Tarapur, DistrictMunger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr. Asho Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2022 Heard.
The petitioners seek regular bail in connection with S.Tr. No. 139 of 2021 (arising out of Tarapur P.S. Case No. 58 of 2019, G.R. No. 936 of 2019, registered for the offence punishable under sections 304(B)/ 201/34 of the Indian Penal Code.
The allegation is regarding the deceased victim lady having been killed by theaccused persons on account of non-fulfillment of demand for dowry. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are languishing in custody
Patna High Court CR. MISC. No.39064 of 2021(2) dt.27-01-2022 2/3 since 11.01.2021. The learned counsel for the petitioners has further submitted that the petitioner no. 1 is the father-in-law of the deceased victim lady while the petitioner no. 2 is the mother-in-law of the deceased victim lady and both of them are aged. It is further submitted by referring to paragraph no. 14 of the present petition that the husband of the deceased victim lady, who is stated to be the main accused, is already in custody, hence no prejudice would be caused to the prosecution if the petitioners are granted bail. It is also submitted that the second daughter and the fourth daughters of the deceased victim lady are with the petitioners in jail while the elder daughter is living with son of the petitioners, hence, it would be in the interest of justice to grant bail to the petitioner. Per contra, Shri Ashok Kumar, the learned APP for the State, has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady is already behind custody and a general and omnibus allegation has been
Patna High Court CR. MISC. No.39064 of 2021(2) dt.27-01-2022 3/3 levelled against all the accused persons including the petitioners herein, which is apparent from a bare perusal of the FIR, I deem it fit and proper to admit the petitioners to the privilege of regular bail. Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned court of A.D.J.-V, Munger or his successor court in connection with S.Tr. No. 139 of 2021 (arising out of Tarapur P.S Case No. 58 of 2019, G.R. No. 936 of 2019.
(Mohit Kumar Shah, J) Tiwary/- U T