Kapilmuni Singh @ Kapildev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34254 of 2019 Arising Out of PS. Case No.-463 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

KAPILMUNI SINGH @ KAPILDEV SINGH Son of Bhrigun Singh Resident of Village-Pachim Patti, P.S.-Siwan (Muffasil), District-Siwan. 2.

Prabhawati Devi Wife of Kapilmuni Singh @ Kapildev Singh Resident of Village-Pachim Patti, P.S.-Siwan (Muffasil), District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 This application, for grant of anticipatory bail, arises out of Siwan Muffasil P.S. Case No. 463 of 2018, disclosing offences under Sections 364, 302 and 34 of the Indian Penal Code.

Allegation as per complaint petition on the basis of which, F.I.R. has been instituted is to the effect that daughter in law of the informant has executed a sale deed with regard to the land of informant in favour of petitioners and, thereafter, his daughter in law and his son had gone to her maike but they did not return and thereafter his son is traceless. The complainant - informant suspects the hands of co-accused Nirmala Devi and the petitioners in disappearance of his son, who is still traceless.

Patna High Court CR. MISC. No.34254 of 2019(3) dt.20-08-2019 2/2 Submission of learned counsel for the petitioners is that they have been made accused only on the basis of suspicion as the wife of the son of informant had earlier sold some land to the petitioners and except that there is no material against the petitioners. Furthermore, there is delay of more than two years in lodging the case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 463 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T