Ram Babu Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.198 of 2017 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.198 of 2017 Arising Out of PS.Case No. -273 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Ram Babu Singh, son of Ram Suraj Singh

2. Ram Suraj Singh, son of Late Basudev Singh, Both R/o Village - Baghari, P.S. - Runnisadipur, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sri Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Runnisaidpur P.S. Case No. 273 of 2016 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing of daughter of the informant by her husband and in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that petitioners are father-in-law and grand father-in-law of the deceased, in fact, deceased sustained burn injury in course of cooking food and she was rushed to the hospital, where she died

Patna High Court Cr.Misc. No.198 of 2017 (2) dt.12-01-2017 and at that time, Vikash Kumar, brother of the deceased, was also present. Thereafter, her dead body was cremated but with ulterior motive the present false case has been lodged after three days of occurrence. Moreover, after knowing the real fact, informant and his son Vikash Kumar, stated at the time of hearing of Bail Petition No. 1753 of 2016 before the Additional Sessions Judge-II, Sitamarhi, in which, they stated that the deceased sustained burn injury in course of cooking of food. It is further submitted that petitioners are in custody since 16.10.2016.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 273 of 2016. Out of two sureties, one surety must be the close relative of the petitioners.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T