Ajay Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61874 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -PARSABAZAR District- PATNA ======================================================
1. Ajay Kumar Singh, aged about 62 Yrs. S/o Late Nand Lal Singh,
2. Raj Kumari Devi aged about 58 yrs. W/o Sri Ajay Kumar Singh, Both are R/o Mohalla- Chankya Colony Parsha Bazar P.S. Parsha Bazar , District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kaushal Kishore For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2018 Heard the learned Senior counsel for the petitioners, Shri Ramakant Sharma as well as the learned counsel for the informant and Shri Ashok Kumar, the learned A.P.P for the State. The petitioners seek anticipatory bail in connection with Parsha Bazar PS case no. 132 of 2017 dated 5.7.2017registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
The allegation is regarding the accused persons torturing the victim lady for demand of dowry and thereafter killing her. The learned Senior counsel appearing for the petitioners submits that the petitioners are the father-in-law and mother-inlaw of the victim lady and as far as the husband is concerned, he is in jail. It is further submitted that the petitioner no.1 is a retired government servant and lives outside the village in which the said occurrence has taken place and they are not likely to flee
Patna High Court Cr.Misc. No.61874 of 2017 (3) dt.10-01-2018 2/2 away either from the investigation or trial.
The learned counsel for the informant has vehemently opposed the prayer for anticipatory bail and has submitted that postmortem would bear it out that there are multiple injuries on the person of the deceased and the viscera report has been sent to the F.S.L. for examination and the result is awaited, hence the petitioners may not be granted the privilege of anticipatory bail. Having regard to the facts and circumstances of the case and more particularly the fact that the husband of the victim lady is in custody, who is the main accused in the present case, I deem it fit and proper to enlarge the petitioners on anticipatory bail. Accordingly, in the event of arrest or surrender within six weeks before the concerned court, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs.
Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum- C.B.I.-IInd, Patna, in connection with Parsa Bazar PS case no. 132 of 2017 datged 5.7.2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.