Pashupati Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14323 of 2017 Arising Out of PS.Case No. -318 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. Pashupati Singh Son of Late Kewal Singh

2. Kherpari Devi Wife of Pashupati Singh Both Resident of VillageKashina, P.S. Garkha, District Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Swarup Prasad For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Garkha P.S. Case No. 318 of 2016 for the offences punishable under sections 304 B and 201/34 of the I.P.C.

Rekha Kumari, the daughter of the informant, was married to Saroj Singh, the son of the petitioners, in the year 2012. Out of the wedlock in the year 2013 a son was born and on 11.10.2016 Saroj Singh informed the informant that her daughter has died and the informant got confidential information that the petitioners who are father-in-law and mother-in-law and other coaccused including the husband have killed Rekha Devi and made the dead body traceless.

Patna High Court Cr.Misc. No.14323 of 2017 (3) dt.30-06-2017 2/2 Submission is of false implication and that the petitioners are living separately, they are old persons having no concern with the family affairs of the deceased and her husband, there is no eye witness of the occurrence, as a matter of fact Rekha Devi died due to illness and in presence of the informant and others the dead body was cremated, later on the informant lodged this false case.

The learned A.P.P. submits that in the case diary the witnesses are hear-say witnesses.

In the facts and circumstances as stated above, considering that against the petitioners there is no specific allegation, they are old father-in-law and mother-in-law and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. A.C.J.M-V, Chapra in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T