Nawal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9150 of 2021 Arising Out of PS. Case No.-681 Year-2020 Thana- SONEPUR District- Saran ====================================================== Nawal Kishore Singh S/o Late Triloki Singh, R/o village- Chausiya (Bakarpur), P.S.-Sonpur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Sonepur P.S. Case No. 681 of 2020 registered for offence punishable under section 304B/34 of the Indian Penal Code.
There is an allegation that the informant's daughter has been done to death at her matrimonial home. The death is by
Patna High Court CR. MISC. No.9150 of 2021(2) dt.05-07-2021 2/3 hanging. Three months after the marriage the death has taken place. It is alleged that killing has been done by all the in-laws' including the petitioner (father-in-law) on account of nonfulfillment of demand for dowry. Petitioner's counsel submits that being father-in-law the petitioner has been implicated by virtue of his relationship only. There is no specific allegation against the petitioner and primary responsibility for the safety and dignity of the wife lies with the husband. It is further submitted that the manner in which the death has occurred leaving no external injury other than one bruise on the left leg is suggestive of the fact that all the in-laws' have not in any way participated in the killing, if at all. The husband of the victim is availing his remedy for grant of anticipatory bail and the petition is pending before the High Court. The petitioner is in custody since 23.10.2020. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran @ Chapra in Sonepur P.S. Case
Patna High Court CR. MISC. No.9150 of 2021(2) dt.05-07-2021 3/3 No. 681 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) Mahesh/- U T