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Patna High CourtCR. MISC./46914/2018bail granted

Gunjan Kumar Singh @ Gunjan Kumari Singh And ANR v. The State Of Bihar

2018-09-11Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46914 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -BANKA District- BANKA ======================================================

1. Gunjan Kumar Singh @ Gunjan Kumari Singh, Son of Sri Kedar Singh, Resident of Village- Danra, P.S.- Banka, District- Banka. at present R/o Quarter No.- 3030, Sector-12/E, P.O.+P.S.- Sector-12, Bokaro Steel City, Marafari Colony Bokaro, Jharkhand.

2. Lavli Devi @ Smt. Labhli Devi @ Lovely Davi, Wife of Gunjan Kumar Singh, Resident of Village- Danra, P.S.- Banka, District- Banka. at present R/o Quarter No.- 3030, Sector-12/E, P.O.+P.S.- Sector-12, Bokaro Steel City, Marafari Colony Bokaro, Jharkhand.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in Banka P.S. Case No. 02/2018, registered for the offences punishable under Sections 341, 342, 323, 307, 498A and 120B of the Indian Penal Code and sections 3, 4 of the Dowry Prohibition Act. The informant married his daughter namely, Gudiya on 24.06.2012 with Kundan Singh son of Kedar Singh. In the year 2016, Kundan Singh died in a road accident. Thereafter, all the family members including petitioner no. 1 and petitioner no. 2 started demand of dowry and subjected her to all sorts of cruelty.

Patna High Court Cr.Misc. No.46914 of 2018 (3) dt.11-09-2018 2/3 It has been submitted that petitioner no. 1 is brother-inlaw (Bhaisur) and petitioner no. 2 is sister-in-law (Gotani) of Gudiya Devi. They have been falsely implicated in the case. They are residing separately and have no concern with the family affairs of Kedar Singh.

The petitioners have no criminal antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 02/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to

Patna High Court Cr.Misc. No.46914 of 2018 (3) dt.11-09-2018 3/3 cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T