Hemant Singh @ Hemant Kumar @ ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5248 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -DHANSOI District- BUXAR ======================================================
1. Hemant Singh @ Hemant Kumar, son of Shyam Narain Singh, resident of Village & P.O.- Banni, P.S.- Dhansoi, District- Buxar.
2. Guddu Singh, son of Shyam Sundar Singh, resident of VillageChhatawana, P.S.- Dhansoi, District- Buxar. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
The petitioners are relatives of the husband. There is general and omnibus allegation of commission of death for nonfulfillment of demand of dowry of Dimpal Kumari @ Seema Kumari within seven years of her marriage.
Submission of the petitioners is that the victim had love affair with Md. Illyas and for that matter a case under Section 366A and 376/34 of the Indian Penal Code was lodged against
Patna High Court Cr.Misc. No.5248 of 2017 (3) dt.08-04-2017 Md. Illyas vide Dinara P.S. Case No.249 of 2011. In the circumstances, it cannot be overruled that she might have committed suicide due to triangular love. Moreover, parents of the husband have already been allowed anticipatory bail by a coordinate Bench of this Court vide Cr.Misc.No.6259 of 2017.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 A.C.J.M.-III, Buxar/Successor Court in connection with Dhansoi P.S. Case No.164 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case.
Arvind/- (Birendra Kumar, J) U T