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Patna High CourtCR. MISC./35923/2024bail granted

Mahendra Singh v. The State Of Bihar

2024-08-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35923 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- SIKRAUL District- Buxar ====================================================== 1.

MAHENDRA SINGH SON OF LATE PARASHURAM SINGH RESIDENT OF VILLAGE - HAROJA, P.S. - SIKRAUL, DISTRICT - BUXAR 2.

SITA SUNDARI DEVI @ SITA SUNDARI WIFE OF MAHENDRA SINGH RESIDENT OF VILLAGE - HAROJA, P.S. - SIKRAUL, DISTRICT - BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51281 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- SIKRAUL District- Buxar ====================================================== Munna Singh Son of Mahendra Singh Resident of Village - Haroja, P.S.- Sikraul, District - Buxar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35923 of 2024) For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 51281 of 2024) For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. These are applications for regular bail on behalf of the petitioners for the offences alleged under Sections 304/

Patna High Court CR. MISC. No.35923 of 2024(3) dt.12-08-2024 2/3 (B)/34 of the Indian Penal Code registered in connection with Sikraul P.S.Case No. 31 of 2024

3. As per allegation, the petitioners, being father-inlaw, mother-in-law and their son, in collusion with one and another, committed the dowry death of the informant's sister in her matrimonial home on account of non-fulfilment of demand of dowry.

4. The learned counsel for the petitioner has submitted that the petitioners are innocent and the entire allegation is false and fabricated. He has submitted further that the victim herself committed suicide by hanging and the husband had sent an information to this effect to the informant. It is also submitted that the petitioners being father-in-law and mother-in-law of the deceased had no role to play at all in this context. They were living separately from his son (husband). The petitioners are the persons of clean antecedents.

5. Considering the above facts and circumstances as well as the fact that the petitioners being old persons and has no direct allegation against them, let the petitioners (Cr.Misc. No.35923/2024), above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.35923 of 2024(3) dt.12-08-2024 3/3 learned J.M. 1st Class Court no.4 at Buxar in connection with Sikraul P.S.Case No. 31 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

6. So far as the petitioner Munna Singh being husband (Cr.Misc.No. 51281 of 2024) is concerned, There is direct and specific allegation against him for demand of dowry and abetted the deceased so much so that she committed suicide.

7. In view of enormity of the offence committed by the petitioner Munna Singh (Cr.Misc.No.51281/2024), I am not inclined to grant him the privilege of bail. His prayer for bail is accordingly rejected.

(Nawneet Kumar Pandey, J) HR/- U T