Pappu Kumar Singh @ Pappu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39309 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- PANAPUR District- Saran ====================================================== 1.
Pappu Kumar Singh @ Pappu Singh Son of Bhola Singh Resident of Village- Prithivipur, P.O- Brit Bhagwanpur, P.S- Panapur, Dist- Saran , Chapra, Pin Code- 841410 2.
Kiran Devi Wife of Bhola Singh Resident of Village- Prithivipur, P.O- Brit Bhagwanpur, P.S- Panapur, Dist- Saran , Chapra, Pin Code- 841410 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :
Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-06-2024 Heard the parties.
2. The petitioners are apprehending arrest in connection with Panapur P.S. Case No. 103 of 2023 instituted under Section 304-B read with section 34 of the Indian Penal Code as well as section 3/4 of the Dowry Prohibition Act lodged on 19.5.2023 by the informant, Mahesh Singh.
3. As per the prosecution story, the informant alleged that his daughter was married to Deepak Singh but was always tortured for dowry and on the fateful day, he came to know that his daughter has been killed. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that the petitioner no.1 brother-in-law (Bhaisur) while petitioner no.2 is
Patna High Court CR. MISC. No.39309 of 2024(2) dt.26-06-2024 2/3 mother-in-law (Saas) living separately having no role to play in the matter and do not have criminal antecedent.
5. Learned APP opposes the prayer submitting that the husband is still at large.
6. So far as the husband, Deepak Singh is concerned, it is for the police to take steps for his arrest. In this case, the petitioner no.1 (brother-in-law) and the petitioner no.2 (the mother-in-law) are before this Court, according to the petitioners they lived separately and ready to cooperate in the investigation/trial.
6. In that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Panapur P.S. Case No. 103 of 2023 to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Saran at Chapra subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.39309 of 2024(2) dt.26-06-2024 3/3 the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(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. (Rajiv Roy, J) Ravi/- U T