Bipin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4169 of 2021 Arising Out of PS. Case No.-413 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== BIPIN SINGH Son of Late Ram Sagar Singh Resident of Village-Gharbhara, P.S.-Bochahan, District-Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udbhav Ms. Vaishnavi Singh For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2021 Heard both parties.
The petitioner seeks bail in Bochahan P.S. Case No. 413 of 2019, registered for the offence punishable under Section 304B and 34 of the Indian Penal Code.
As per the prosecution case, daughter of the informant was married with co-accused Dablu Singh in the year 2017, and after 15 days of marriage, this petitioner along with other coaccused started demanding Rs. 50,000/- cash and a pulsar motorcycle as dowry from the daughter of informant and subjected her to torture and cruelty in connection with demand of dowry. Ultimately, on 09.12.2019 at around 4 'o' clock, the informant got information that her daughter has been administered poison. The people of her sasural took her to
Patna High Court CR. MISC. No.4169 of 2021(2) dt.18-03-2021 2/3 Prasad hospital. On such information, informant rushed to the hospital, but during course of treatment she died. It is submitted on behalf of the petitioner that petitioner is father-in-law of the deceased and he is living separately and has no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation. The deceased died at Prasad hospital, but it is strange that the police has not recorded the statement of doctor. No mark of injury either internal or external was found on the person of deceased. Petitioner is in custody since 28.06.2020 having no criminal antecedent. Chargesheet has already been submitted.
Considering the facts and circumstances of the case and the fact that petitioner is father-in-law of the deceased and is living separately and there is general and omnibus allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-cum-Additional Chief Judicial Magistrate 14, Muzaffarpur in connection with Bochahan P.S. Case No. 413 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall
Patna High Court CR. MISC. No.4169 of 2021(2) dt.18-03-2021 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers 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 petitioner. (Prabhat Kumar Singh, J) vinita/- U T