Bindeshwari Thakur v. The State Of Bihar
Patna High Court Cr.Misc. No.45329 of 2014 (03) dt.02-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45329 of 2014 Arising Out of PS.Case No. -13 Year- 2014 Thana -MATIHANI District- BEGUSARAI ====================================================== Bindeshwari Thakur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Raj Ballabh Singh-(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Petitioner happens to be father in-law, who along with his wife, another son including the husband of deceased has been roped in on the basis of complaint petition, which was sent to the local police for registration and investigation of the case wherein, an allegation has been put that after 15 years of marriage, deceased was done to death in the background of non-fulfilment of demand of dowry.
It has been submitted on behalf of petitioner that mother in-law, brother in-law have already been granted anticipatory bail vide Cr. Misc. No.4850 of 2015 and the case of petitioner stood much better footing apart from being prayer for regular bail having more than six months of incarceration,
Patna High Court Cr.Misc. No.45329 of 2014 (03) dt.02-04-2015 petitioner is the person, who had informed the police on account of suicidal event of deceased and also, the complaint petition confirms presence of him. Had there been any contrary finding by the police, then in that event, the aforesaid U.D. Case must have been transformed as a murder case.
On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that police after concluding investigation had submitted chargesheet under Section 306 of the I.P.C. Furthermore, though there happens to be absence of specific allegation but, being a family member, abetment to suicide must be found against the petitioner. Considering the rival submission coupled with material on record, petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Sriprakash, Judicial Magistrate, 1st Class, Begusarai/ successor in office in connection with Matihani P. S. Case no.13 of 2014. (Aditya Kumar Trivedi, J) Vikash/- U T