Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26793 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Sunil Singh Son of Late Hari Har Singh Resident of Village - Bujruk, P.S.- Athmalgola, District - Patna.

2.

Gita Devi Wife of Sunil Singh Resident of Village - Bujruk, P.S.- Athmalgola, District - Patna.

3.

Golu Kumar Son of Sunil Singh Resident of Village - Bujruk, P.S.- Athmalgola, District - Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Athmalgola P.S. Case No. 263 of 2018 registered for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.

Daughter of the informant is said to have been married with Chandan Kumar and said Chandan Kumar along with his family members have committed her dowry death and disposed of her dead body.

Patna High Court CR. MISC. No.26793 of 2019(4) dt.25-07-2019 2/3 It is submitted by learned counsel for the petitioners that the petitioners happen to be father-in-law, mother-in-law and brother-in-law. They have no concern with the aforesaid occurrence. They have neither made any demand nor ever tormented the deceased. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. Witnesses of the P.O. village have vented their ignorance about cause of death of the deceased. Filing the petition dated 5.11.

2018 written by Rinki Devi, who happens to be sister of the deceased given to the SP, Patna and others it is further submitted that Rinki Devi has candidly stated that when she arrived at the marital house of the deceased, she noticed her suffering from diarrohea, then she along with her in-laws rushed her to Bakhtiyarpur to accord her medical aid, but she succumbed to her said ailment on the way. The information has given to the Naihar and both parties have participated in the cremation of the deceased. It is further submitted that petitioners are living separately from the deceased and her husband and they have no concern with their affairs. Husband of the deceased is in custody. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

Patna High Court CR. MISC. No.26793 of 2019(4) dt.25-07-2019 3/3 In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna in connection with Athmalgola P.S. Case No. 263 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T