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Patna High CourtCR. MISC./32075/2019bail granted

Jainandan Singh v. The State Of Bihar

2019-05-15Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32075 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

Jainandan Singh Son of Late Sadhu Singh Resident of Village- Rusulpur, Police Station- Paras Bigha, District- Jehanabad. 2.

Nagendra Kumar Son of Ramashish Singh Resident of Village- Rusulpur, Police Station- Paras Bigha, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ram Naresh Singh son of Late Ram Briksh Singh Resident of Village- Teri, Police Station- Mahandia, District- Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Parasbigha P.S. Case No. 12 of 2019 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Marriage of the daughter of the informant was performed with one Amit Kumar. Said Amit Kumar used to demand dowry and extend threatening of dire consequences for the said demand. Subsequently, her husband and other accused persons including the petitioners eliminated her daughter over the

Patna High Court CR. MISC. No.32075 of 2019(2) dt.15-05-2019 2/3 said demand.

It is submitted by learned counsel for the petitioners that the petitioner no. 1 happens to be uncle-in-law of the deceased and petitioner no. 2 happens to be co-villager of the husband of the deceased. They have neither made any demand nor ever subjected the deceased to any sort of torture nor eliminated her over the said demand. They do not happen to be beneficiary. Allegation levelled against the petitioners is not specific rather general and omnibus. Petitioners are living separately from the deceased and her husband and they have no concern with their affairs. There is no allegation of making any demand of dowry or extending threatening for the said cause against the petitioners. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

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 four 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 J.M.-1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 12 of

Patna High Court CR. MISC. No.32075 of 2019(2) dt.15-05-2019 3/3 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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