Dr. Surendra Singh @ Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46681 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== SUNAINA DEVI Wife of Dr. Surendra Singh Resident of Village-Bhelawa, P.S.-Ghorasahan, District-East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46882 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== DR. SURENDRA SINGH @ SURENDRA SINGH Son of Yogendra Singh Resident of village - Bhelawa, P.S. - Ghorasahan, Distt. - East Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 46681 of 2023) For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 46882 of 2023) For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 As both these cases arises out of the same police station case numbers, they are being taken up and heard together and are being disposed of by this common order.

2.

Heard learned counsel for the petitioners and learned APPs for the State.

3.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.46681 of 2023(3) dt.19-09-2023 2/3 for the offence punishable u/s 498(A), 304(B)/34 of the IPC. 4.

As per the prosecution case, daughter of the informant has been killed by F.I.R. named accused persons including the petitioners (in-laws of the deceased) due to non-fulfillment of demand of dowry.

5.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. They have never made any dowry demand and they were living separately from the deceased. It is further submitted that petitioners are the in-laws of the deceased and husband of the deceased is already in judicial custody since 09.11.2022. Petitioners have no criminal antecedent.

6.

Learned APPs for the State opposed the prayer for bail. 7.

Having regard to the facts and circumstances of the case, since husband of the deceased is already in custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.46681 of 2023(3) dt.19-09-2023 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghorasahan P.S. Case No.610 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8.

However, before accepting the bail bond of the petitioners, learned Court below is directed to verify this fact as to whether the husband of the deceased is in custody or not and if it is found that he is not in custody, the bail bond of the petitioners shall not be accepted.

(Anjani Kumar Sharan, J) pallavi/- U T