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Patna High CourtCR. MISC./54760/2022bail rejected

Binod Singh v. The State Of Bihar

2023-02-04Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54567 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== NIRMALA DEVI W/o Binod Singh Resident of Village - Sultanpur West , P.s.- Mohiuddinnagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54760 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== BINOD SINGH S/O SEKHA SINGH R/o Village- Sultanpur West, P.S.- Mohiuddinnagar, Distt- Samastipur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 54567 of 2022) For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh (In CRIMINAL MISCELLANEOUS No. 54760 of 2022) For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Mohiuddinnagar P.S. Case No. 18 of 2022, registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.54567 of 2022(2) dt.04-02-2023 2/3 As per allegation, the daughter of the informant solemnized marriage with co-accused Vikram Kumar on 06.12.2020. On 17.01.2022, the informant wanted to contact his daughter on telephone. Then, petitioner Binod Singh apprised him that she had fled away somewhere. On next day, the informant went to matrimonial house of his daughter, where he came to know that accused persons had concealed the dead body of his daughter, after killing her.

The learned counsel for the petitioner has submitted that Binod Singh is uncle of husband of the deceased and the petitioner Nirmala Devi is aunt of husband of the deceased. They have no concern with the day-to-day affairs of the couple. The specific allegation against Binod Singh is that he used to tease the deceased, prior to the occurrence and he was the person, who apprised the informant that his daughter had fled away. In my view, the petitioner Binod Singh does not deserve the privilege of anticipatory bail. Accordingly his prayer for anticipatory bail is hereby rejected.

So far as petitioner Nirmala Devi is concerned, the allegation against her is general and omnibus. She is aunt of husband of the deceased.

Considering the above-mentioned facts and circumstances, let petitioner Nirmala Devi in the event of her arrest or surrender within four weeks before the learned court below, be

Patna High Court CR. MISC. No.54567 of 2022(2) dt.04-02-2023 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Samastipur in connection with Mohiuddinnagar P.S. Case No. 18 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/Nirmal U T