Patna High CourtCR. MISC./23834/2016bail granted

Anil Kumar Singh And ORS v. The State Of Bihar

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23834 of 2016 Arising Out of PS.Case No. -170 Year- 2016 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Anil Kumar Singh, son of Dharmnath Singh

2. Suraj Kumar Singh @ Chhotu Singh, son of Anil Kumar Singh

3. Kiran Devi, wife of Anil Kumar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindhyachal Singh, Advocate Mr. Niranjan Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 304/34 of the Indian Penal Code.

Prosecution case is that on 12.03.2016 at 1.00 PM, the petitioners and other accused persons came at the house of the informant, Ramji Singh, and started abusing. In the meantime, the accused person pushed down the wife of the informant, who became unconscious and referred to PMCH for treatment and thereafter being treated at Udayan Hospital, Patn but she died on 16.03.2016.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.23834 of 2016 (2) dt.26-05-2016 2/2 that the wife of the informant did not receive any injury. The post-mortem was not done. In fact, the deceased died due to "Cardio Respiratory Arrest" as gets reflected from the death certificate. It is further submitted that the petitioners are agnate of the informant and for a petty dispute the accusation has been levelled. For the occurrence of 11.03.2016, the FIR was registered on 03.04.2016.

Considering the delayed lodging of the case and accusation being not corroborated with the attending circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra, in connection with Chapra Town P.S. Case No.170/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T