Keshav Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.23797 of 2016 (2) dt.30-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23797 of 2016 Arising Out of PS.Case No. -16 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Keshav Singh son of Late Raj Nandan Singh

2. Smt. Chandrakanti Devi @ Chandrawati Devi @ Smt. Chandrakanti

3. Ajay Singh son of Keshav Singh

4. Smt. Soni Devi wife of Sri Ajay Singh

5. Smt. Anita Devi, daughter of Keshav Singh. All resident of Village- Mahuari Bagicha, P.S. Maner, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioners and the State. Petitioner Nos.1 and 2 are father-in-law and mother-in-law, petitioner Nos. 3 and 4 are brother-in-law and sister-in-law and petitioner No.5 is the married sister of the husband of the victim girl, Rubi Kumari.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498(A) and 379 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act as well as 4/5 of the Prevention of Witch Practices Act.

The daughter of the informant claims to have married with one Vinay Kumar, son of petitioner Nos.1 and 2, who subsequently died.

It is submitted by learned counsel for the petitioners that in

Patna High Court Cr.Misc. No.23797 of 2016 (2) dt.30-05-2016 fact the daughter of the informant, namely, Rubi Kumari, was married with one Arun Kumar Singh and the father of the informant had earlier lodged Kadamkuan (Patrakarnagar) P.S. Case No.147 of 2005 under Sections 304 (B) and 498 (A) of the Indian Penal Code against Arun Kumar Singh and others. Thereafter, it is claimed that the daughter of the informant, Upendra Prasad Singh, was married with Vinay Kumar, son of petitioner Nos. 1 and 2, though the said Rubi Kumari was never married with him. It is further submitted by learned counsel for the petitioners that the present case has been lodged with false accusation with greedy eye to grab the property of petitioner No.1.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Randhir Kumar, Judicial Magistrate, Ist Class, Danapur, Patna in connection with Maner P.S. Case No.16 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Dinesh Kumar Singh, J) V.P.Sinha/- U