Siyaram Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40892 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Siyaram Singh Son of Late Baiju Singh

2. Sona Devi @ Soniya Devi Wife of Siyaram Singh Both are residents of Village - Dharahara, Police Station - Kargahar, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kargahar Police Station Case No. 169 of 2015, disclosing offences under Section 304B/34 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the deceased. Allegedly, the deceased was married to the son of these petitioners nearly six years before the date of her death.

Learned Counsel for petitioners has submitted that it is evident from the First Information

Patna High Court Cr.Misc. No.40892 of 2016 (2) dt.23-09-2016 2/3 Report that after the deceased died of burn injuries, her parents were informed by these petitioners. It is also alleged in the First Information Report that only one day before the death of the deceased, her husband had gone to the maternal house of the deceased and had persuaded her to come along with him to the in-laws house, whereafter she had come to her matrimonial house. He has, accordingly, submitted that it is highly improbable that in such circumstance, the petitioners would kill their daughterin-law. He has also submitted that the informant has also realized the said mistake and has resiled from his version as made in the First Information Report.

Considering above submissions, this application is allowed.

Let the petitioners, namely, Siyaram Singh and Sona Devi @ Soniya Devi, 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 Additional Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Kargahar Police Station Case No. 169 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.40892 of 2016 (2) dt.23-09-2016 3/3 This is subject to the condition that the petitioners shall present themselves before 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 √