Krishna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41046 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== 1.
Krishna Singh, Son of Late Kameshwar Singh Resident of VillageShorampur, P.S.- Dulhin Bazar, District- Patna. 2.
Lal Bachi Devi, Wife of Shri Krishna Singh Resident of Village- Shorampur, P.S.- Dulhin Bazar, District- Patna.
3.
Amrendra Singh @ Amrendra Kumar, Son of Shri Krishna Singh Resident of Village- Shorampur, P.S.- Dulhin Bazar, District- Patna. 4.
Seema Devi, Wife of Shri Amrendra Singh Resident of Village- Shorampur, P.S.- Dulhin Bazar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arshad Jameel Hashmi For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Dulhin Bazzar P.S. Case No.86 of 2019, G.R. No.1135 of 2019, for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
The allegation against the petitioners as per the First Information Report is that sister of the informant was killed by the petitioners along with other family members by setting her on fire.
Patna High Court CR. MISC. No.41046 of 2019(4) dt.20-09-2019 2/3 Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged inasmuch as petitioner No.1 is father-in-law and petitioner No.2 is mother-in-law and petitioner No.3 and 4 are Dewar and Gotni of the deceased. Learned counsel further submits that during the course of investigation, the Supervising Authority in paragraph 24 of the case diary has found the case against these petitioners as untrue and has also found the allegation against the husband of the deceased true under Section 306 of I.P.C.
On the other hand, learned counsel for the State referring to the case diary submits that police in his supervision note has recorded in the case diary that the deceased has committed suicide due to the fight with her husband and the case against these petitioners have been found to be untrue by the supervising authority.
Having regard to the submissions made by the parties and taking into consideration the fact that police during investigation has found the case to be true against the husband of the deceased under Section 306, I am inclined to grant anticipatory bail to all the petitioners.
Accordingly, all the petitioners, above named, are
Patna High Court CR. MISC. No.41046 of 2019(4) dt.20-09-2019 3/3 directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Danapur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T