Rajendra Singh @ Rajendra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45007 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== RAJENDRA SINGH @ RAJENDRA PRASAD SINGH Son of Late Pundeo Singh Resident of village - Braili Chak, P.S. - Haspura, Distt. - Aurangabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2023 Heard the learned Counsel for the petitioner and Mr. Dinesh Singh who represent the State.
The petitioner apprehend his arrest in connection with Haspura P.S. Case No. 100 of 2023 for the offence punishable under Sections 304 (B), 201/ 34 of I.P.C lodged on 30.03.2023 by the informant Yogendra Singh.
As per the prosecution story, the marriage of the daughter of the informant took place in 2017 with one Vimal Prakash and two female child were born out of the said wedlock but she was regularly tortured and ultimately, killed for dowry. Accordingly the FIR.
Learned counsel for the petitioner submits that the petitioner is the father-in-law living separately and the husband is in custody since 07.04.2023 (as stated in paragraph 11 in the
Patna High Court CR. MISC. No.45007 of 2023(2) dt.04-08-2023 2/3 bail application).
Learned APP opposes the prayer stating that the allegation of demand of dowry and tortured against all the accused persons Considering the submission put forward by the learned counsel for the petitioner as also that he is an old person of 70 years, the husband is in custody, this Court is inclined to extend him the privilege of anticipatory bail with conditions. Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M. Daudnagar, Aurangabad, in connection with Haspura P.S. Case No. 100 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.45007 of 2023(2) dt.04-08-2023 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Jagdish/Jyoti/- U T