Indradew Singh @ Indradeo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41278 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== 1.
Indradew Singh @ Indradeo Singh Son of Late Mangal Singh Resident of Village- Niyamat Guriyaon, P.S.- Kateya, District- Gopalganj. 2.
Prabhawati Devi Wife of Indradew Singh @ Indradeo Singh Resident of Village- Niyamat Guriyaon, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohammad Sufyan, Advocate For the Opposite Party/s :
Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioners and Shri Ashok Kumar, learned A.P.P. for the State through virtual Court proceedings.
The petitioners seek bail in connection with Kateya P.S. Case No. 252 of 2020 instituted for the offences under Sections 302, 201(B) and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner no.1 is in custody since 26.02.2021 and petitioner no.2 is in custody since 02.03.2021, both are persons with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioners submits that informant (Sangeeta Devi) alleges that her husband (deceased)
Patna High Court CR. MISC. No.41278 of 2021(4) dt.07-02-2022 2/3 was having illicit relationship with her younger sister, Rinki Kumari and whenever her husband used to come from abroad, he used to go to meet Rinki Kumari. Further, that on 07.08.2020 her husband came from abroad and went to informant's home (matrimonial place) to meet Rinki and fled with her, which caused anger in the family of Rinki and accordingly it is alleged that the petitioners along with Santosh Singh, Gopichand Singh and few villagers started searching the husband of the informant and on 09.08.2020, all co-accused including the petitioners caught and assaulted her husband who died.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. Petitioner no. 1 is the father of the informant and petitioner no. 2 is the mother of the informant. Learned counsel submits that deceased was caught by Khagaul Police with Rinki and accordingly petitioners were informed who went to the police station and the deceased and Rinki accompanied them in a car, further the petitioners said that a panchayati would be held in presence of the informant and brothers-in-law of the deceased, on which the deceased out of shame jumped from the car, got injured and was taken to hospital where he died during the course of treatment. Learned counsel further submits that informant is not an eye-
Patna High Court CR. MISC. No.41278 of 2021(4) dt.07-02-2022 3/3 witness to the occurrence. It is submitted that own father-in-law and mother-in-law would never indulge in an act by which their own daughter would become a widow. Learned counsel submits that the informant did not appreciate the fact that though the petitioners were against the relationship of the deceased with Rinki but they were completely helpless as both i.e., deceased and Rinki were not willing to listen to them. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
Considering the fact that the petitioners are in custody, charge-sheet has been submitted in the case, petitioners are persons with clean antecedent and taking into consideration the submission of the learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 252 of 2020.
(Satyavrat Verma, J) Rishi/- U T