Badharoo Singh @ Kamal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34209 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

BADHAROO SINGH @ KAMAL SINGH S/O MEGHA SINGH R/O Village- Kalyanpur, P.S- Charpokhari, Distt.- Bhojpur. 2.

Anita Devi W/O Badharoo Singh @ Kamal Singh R/O Village- Kalyanpur, P.S- Charpokhari, Distt.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2023 Heard the learned Counsel for the petitioners and Mr. Jitendra Kumar Singhwho represent the State. The petitioners apprehend their arrest in connection with Charpokhari P.S. Case No. 20 of 2023 for the offence punishable under Sections 341, 323, 304 (B), 120 (B), 504, 506 I.P.C lodged on 28.01.2023 by the informant Lal Babu Singh. As per the prosecution story, the marriage of the informant's daughter was solemnized with Ravi Shankar Singh in the year 2022 but was tortured for dowry and further allegation is that later he came to know that she has been killed. Accordingly the FIR.

The petitioners are father-in-law and mother-in-law

Patna High Court CR. MISC. No.34209 of 2023(2) dt.26-07-2023 2/3 as per the learned counsel for the petitioners, living separately and last submission on the behalf of the petitioner's counsel is that the husband is in custody.

Learned APP opposes the prayer stating that in the year 2022 the marriage took place and now the lady is no more. Considering the fact that the husband is in custody the petitioners are parents and living separately and do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions. Let the petitioners, in the event of their arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class namely Vikash Kumar Bhojpur at Ara, in connection with Charpokhari P.S. Case No. 20 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.34209 of 2023(2) dt.26-07-2023 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U