Radhe Shyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45267 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

Radhe Shyam Singh Son of Late Ram Lakhan Singh Resident of Village - Bajpur, P.S.- Pakribarawan, Distt.- Nawada.

2.

Urmila Devi Wife of Radhe Shyam Singh Resident of Village - Bajpur, P.S.- Pakribarawan, Distt.- Nawada.

3.

Niraj Kumar Son of Radhe Shyam Singh Resident of Village - Bajpur, P.S.- Pakribarawan, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma For the infoirmant : Mr. Mayank Raj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections-302, 201/34 of the Indian Penal Code.

3. As per allegation, the deceased Pooja Kumari was married to Dilkhush Kumar according to Hindi rites and rituals two years prior to the occurrence. The in-laws of the victim/deceased kept her cordially for two years. Thereafter, they started torturing her for non-fulfillment of demand of dowry. Ultimately, she was done to death and the accused persons named in the FIR disappeared her dead body.

Patna High Court CR. MISC. No.45267 of 2024(2) dt.03-07-2024 2/2

4. Learned counsel for the petitioners has submitted that the husband, father-in-law and mother-in-law and sisters-in-law as well as brother-in-law (Devar) of the deceased have been made accused in the FIR. Neither names of the petitioners have been mentioned in the FIR nor any kind of allegation has been levelled against them. They are innocent and have falsely been implicated in this case. On the basis of statements of some villagers, recorded during investigation, they have been made accused.

5. On the other hand, learned counsel for the informant opposed the prayer for bail.

6.From perusal of the FIR, it is evident that petitioners are not named in the FIR and there is no allegation, at all against them.

7. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Nawada in connection with Pakribarawan P.S. Case No. 182 of 2024, with condition that with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T