Bipin Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5043 of 2021 Arising Out of PS. Case No.-317 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Bipin Bihari Singh Son of Late Ramashray Singh Resident of Village - Jankpur, Manpur, P.S.- Muffasil, District - Gaya. 2.

Savita Devi Wife of Bipin Bihari Singh Resident of Village - Jankpur, Manpur, P.S.- Muffasil, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr.Adv.

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-04-2021 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Muffasil P.S. Case No. 317 of 2020, registered for the offence under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, on 26.08.2020, all the FIR named accused persons including these petitioners committed the murder of sister of the informant by hanging her by means of scarf. It is further alleged that sister of the informant was married in the year 2009 and after the marriage, all the in-laws members used to torture and threaten her to kill. Petitioner no. 1 is father-in-law and petitioner no. 2 is

Patna High Court CR. MISC. No.5043 of 2021(2) dt.05-04-2021 2/3 mother-in-law of deceased. There is general and omnibus allegation. There is no eye-witness to the alleged occurrence. It is further submitted that in fact, the deceased has committed suicide and post-mortem report also suggests that death was caused due to asphyxia and no other external injury has been found on the person of deceased. It is further submitted that husband of the deceased is already in custody and petitioners, being father-in-law and mother-in-law of deceased, are languishing in jail since 27.08.2020.

Considering the fact that petitioners are father-in-law and mother-in-law of deceased and there is general & omnibus allegation, the bail application of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XIII, Gaya in connection with Muffasil P.S. Case No. 317 of 2020, on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.5043 of 2021(2) dt.05-04-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T