Rajendra Prasad Singh @ Rajendra Prasad Sinha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42089 of 2016 Arising Out of PS.Case No. -381 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajendra Prasad Singh @ Rajendra Prasad Sinha Son of late Pramod Bihari Singh

2. Sharda Sinha Wife of Rajendra Prasad Sinha Both resident of Mohalla- Amber mahikhandak Opposite Fire Brigate, town Biharsharif, P.S. Bihar, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amar Nath Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bihar Police Station Case No. 381 of 2016, disclosing offences under Sections 306/34 of the Indian Penal Code.

The petitioners are the parents of the deceased; whereas, the informant is the wife of the deceased. It is alleged in the First Information Report that because of the torture meted out by these petitioners to the deceased by causing necessary obstruction in the business, which the deceased was engaged in, the deceased committed suicide.

Learned Counsel for the petitioner appears to be

Patna High Court Cr.Misc. No.42089 of 2016 (2) dt.03-10-2016 2/2 right in his submission that prima facie, there does not appear to be any allegation, which constitutes abetment in order to make out a case under Section 306 of the Indian Penal Code.

This application stands accordingly allowed.

Let the petitioners, namely, Rajendra Prasad Singh @ Rajendra Prasad Sinha and Sharda Sinha, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda, in connection with Bihar Police Station Case No. 381 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √