Arun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37807 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Arun Singh SON OF LATE DHARMRAJ SINGH @ LATE DHARMARAJ SINGH @ LATE DHARMRAI SINGH, RESIDENT OF VILLAGERANIPUR, PS- PALIGANJ, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP For the Informant :
Mr. Shailendra Kumar Singh, Advocate Mr. Ravinesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Paliganj P.S. Case no. 9 of 2024 registered under sections 304B, 201 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant states that she married her daughter to one Manoranjan Singh @ Pintu Singh about four years back. Gifts were given at the time of marriage, however soon after the marriage, the six named accused persons including the petitioner herein who happens to be the father-in-law of the deceased started to abuse, assault and torture the daughter of the informant and finally she was done to death and her body made to disappear.
4. Learned Senior counsel appearing for the petitioner submits
Patna High Court CR. MISC. No.37807 of 2024(7) dt.06-09-2024 2/3 that the petitioner, who is the father-in-law of the deceased, has been falsely implicated in the case. It is submitted that admittedly the informant is not an eyewitness to the occurrence and the petitioner has been falsely implicated because of oblique reasons. The allegations are general and omnibus in nature. So far as the alleged confessional statement of the petitioner before the police authority is concerned, the same is of no value. The husband of the deceased that is the son of the petitioner is in custody. The wife of the petitioner has been enlarged on anticipatory bail while this petitioner is in custody since 11.1.2024. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner who happens to be the father-in-law of the deceased is named in the FIR but there is direct allegation against him that he along with other accused persons tortured and assaulted the deceased and finally killed her. It is further submitted that in course of investigation the petitioner confessed to his guilt and as such it is not a case for grant of bail. Once the petitioner is enlarged on bail, he will not permit the trial to proceed.
6. Having heard learned counsel for the parties and having perused the material on record, taking into consideration the
Patna High Court CR. MISC. No.37807 of 2024(7) dt.06-09-2024 3/3 petitioner being the father-in-law of the deceased, his being in custody since 11.1.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Paliganj P.S. Case no. 9 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Danapur, District-Patna on the following conditions :- (I) The petitioner shall remain properly represented in the learned Court below on each date and shall cooperate in the trial.
(II) In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Shiv/- U T