Birendra Singh @ Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39666 of 2024 Arising Out of PS. Case No.-174 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Birendra Singh @ Virendra Singh SON OF LATE HANSNATH SINGH VILLAGE- DEVPUR PS- RAGHUNATHPUR DIST- SIWAN 2.

Parwati Devi WIFE OF BIRENDRA SINGH VILLAGE- DEVPUR PSRAGHUNATHPUR DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-07-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 304(B)/34 of the Indian Penal Code, registered in connection with Raghunathpur P.S.Case No. 174 of 2021.

3. As per the allegation, the marriage of informant's daughter was solemnized with co-accused Anil Singh in the year 2005. After marriage, the daughter of the informant passed some days in her matrimonial house but thereafter, matrimonial inmates started inflicting atrocities upon her. A complaint case under Section 498 (a) of the IPC was filed but both the parties

Patna High Court CR. MISC. No.39666 of 2024(2) dt.23-07-2024 2/3 compromised in National Lok Adalat. The daughter of the informant went to her matrimonial house and again she was harassed by the matrimonial inmates. The husband Anil Singh has solemnized his second marriage and after solemnizing second marriage, the atrocities on the daughter of informant were intensified. On 29.09.2021, the matrimonial inmates killed the daughter of the informant.

4. Learned counsel for the petitioners has submitted that petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased. As a matter of fact, this case has been lodged after 16 years of marriage, as such, the allegation of dowry demand is not credit worthy. He has submitted further that the husband of the deceased has solemnized second marriage after taking permission of the deceased as the couple had no issue from the first marriage.

5. The allegation of re-marriage is on the husband. This case has been lodged after 16 years of the marriage. The petitioners are father-in-law and mother-in-law of the deceased, as such, the allegation of dowry demand does not appear to be true.

6. Considering the above-mentioned facts and circumstances, let the petitioners above-named, in the event of

Patna High Court CR. MISC. No.39666 of 2024(2) dt.23-07-2024 3/3 their arrest or surrender within four weeks from the date of communication of this order, 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 learned Sessions Court, Siwan in connection with Raghunathpur P.S.Case No. 174 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

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