Dadan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42459 of 2016 ====================================================== Dadan Singh S/o Rajvansh Singh, Resident of village - Chhattarpura, P.S. Ramgarh, District - Kaimur ( Bhabua ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Ms. Meena Singh, Advocate For the Opposite Party/s : Mr. Sri Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Ramgarh P.S. Case No. 110 of 2014, disclosing offences under Sections 302/34 of the Indian Penal Code.

The petitioner is the husband of the deceased who were married nearly 14 years before the date of death. The father of the deceased is the informant.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that even if the allegations made in the First Information Report, are taken to be true, no offence under Section 302 of the Indian Penal Code is made out inasmuch as there is no allegation that the petitioner or any other person was instrumental in killing of the deceased.

Learned Additional Public Prosecutor appearing on

Patna High Court Cr.Misc. No.42459 of 2016 (2) dt.17-10-2016 2/2 behalf of the State has submitted that since the petitioner is the husband of the deceased, he does not deserve the privilege of anticipatory bail.

However, considering the contents of the First Information Report and submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Ramgarh P.S. Case No. 110 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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

(Chakradhari Sharan Singh, J) Vats/-c U T