Jangi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47729 of 2022 Arising Out of PS. Case No.-61 Year-2016 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.
JANGI SINGH S/o Late Ram Chandra Singh 2.
Sintu Singh @ Chintu Singh S/o Sri Jangi Singh Both Resident of Village- Rafiganj, P.S.- Rafiganj, District- Aurangabad. 3.
Sikander Singh S/o Late Deobansh Singh Resident of Village- Katar, P.S.- Indrapuri, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Advocate For the State :
Mr.Anil Kumar Singh No. 1, APP For the informant :
Ram Kishore Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in connection with Rafiganj P.S. Case No.61 of 2016 instituted under Sections 306,201 of the Indian Penal Code.
As per the prosecution story, the allegation was that the accused person set the informant's daughter on fire and she succumbed to the said burn injuries. The police investigated the matter and submitted charge sheet under Sections 306 & 201 of the Indian Penal Code against the husband exonerating the other accused persons of the charges. However, the learned Trial court issued notice under Section 319 of the Cr.P.C. to the accused
Patna High Court CR. MISC. No.47729 of 2022(2) dt.04-01-2023 2/3 person necessitating this filing of the anticipatory bail application.
Learned counsel for the petitioners submit that the three petitioners are the father-in-law and brothers-in-law (Devar and Nandoshi) and although the police had submitted charge-sheet under Sections 306, 201 of the IPC only against the husband, subsequently with the changed scenario, it is necessary for them to seek the present relief.
Learned counsel for the informant submits that initially the case was lodged under Section 304(B) of the IPC and as such they do not deserve bail. Learned APP echoes the submissions put forward by the learned counsel for the informant.
Taking into account the fact that the charge-sheet was submitted under Sections 306 and 201 of the IPC against the husband and further the petitioners are ready to co-operate by appearing on each and every date in trial, they are father-in-law and brothers-in-law, none of them having any criminal antecedent, this Court is inclined to grant them relief. Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing
Patna High Court CR. MISC. No.47729 of 2022(2) dt.04-01-2023 3/3 bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Rafiganj P.S. Case No.61 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Prakash Narayan /- U T