Mokhtar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35954 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

MOKHTAR SINGH Son of Late Raghuwar Singh Resident of Village - Nautan, P.S.- Jamo Bazar, District- Siwan 2.

Kanti Devi Wife of Mokhtar Singh Resident of Village - Nautan, P.S.- Jamo Bazar, District- Siwan 3.

Vivek Kumar Singh Son of Mokhtar Singh Resident of Village - Nautan, P.S.- Jamo Bazar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP For the informant : Mr. Ajay Kumar Pandey, Adv. Mr. Sandeep Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 This application, for grant of anticipatory bail, arises out of Jamo Bazar P.S. Case No. 112/2018, disclosing offences under Sections 304/34 of the Indian Penal Code.

Petitioners happen to be father in law, mother in law and brother in law of the deceased and allegation against them is of subjecting the deceased to cruelty with respect to demand of four wheeler, golden chain and washing machine and ultimatelyl she was done to death.

Submission of learned counsel for the petitioners is that they are in laws of the deceased and no specific allegation has been attributed to them and in fact the deceased had committed suicide,

Patna High Court CR. MISC. No.35954 of 2019(4) dt.13-09-2019 2/2 which will appear from the fact that the door was found closed from inside.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail on the ground that the story of suicide does not seem probable as no article was found, by which, she committed suicide and though it is said that she left a suicide note, however, the same has not been recovered by the police at the time of inspection of the place of occurrence and the story of suicide note is an afterthought and the deceased has been done to death only after 131 days of her marriage Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed.

Interim protection granted to the petitioners vide order dated 13.08.2019 stands vacated.

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