Bhagwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27928 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- SANJHOLI District- Rohtas ====================================================== 1.

Bhagwan Singh Son of Late Nand Gopal Singh 2.

Fulsundra Devi @ Fulendra Devi Wife of Bhagwan Singh Both are residents of Village- Chavariya, P.S.- Sanjhauli, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Sanjhauli P.S. Case No. 112 of 2018, registered under Sections 323/442/307/34 of the Indian Penal Code. The allegation against the petitioners, as per FIR lodged by Meera Devi, wife of Santosh Kumar, is that petitioners along with son Santosh Kumar have set the informant on fire, causing burn injury.

Learned counsel for the petitioners submits the petitioner no.1 is father-in-law and petitioner no.2 is mother in law of the informant and there was dispute between husband

Patna High Court CR. MISC. No.27928 of 2019(4) dt.07-08-2019 2/3 and wife. He further submits that due to fight between husband and wife, the wife immolated herself and the petitioners have falsely been implicated in this case. He further submits that during course of investigation no material has came against the petitioners to connect them with this offence. On the other hand, learned counsel for the State, on the basis of case diary submits the statement of children of the informant was recorded, in which they have stated that the informant set herself on fire.

After having heard learned counsel for the parties and taking into consideration the fact that the children of informant has stated during course of the investigation that the informant set herself on FIR due to fight with her husband, I am inclined to grant anticipatory bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj Rohtas at Sasaram in connection with Sanjhauli P.S. Case No. 112 of 2018; subject to condition as laid

Patna High Court CR. MISC. No.27928 of 2019(4) dt.07-08-2019 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T