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Patna High CourtCR. MISC./29387/2016bail granted

Santosh Singh And ORS v. The State Of Bihar

2016-07-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29387 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Santosh Singh Son of Pramod Singh

2. Chunchun Singh Son of Pramod Singh

3. Pramod Singh Son of Dhora Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the brothers and father of the husband of the victim are languishing in custody since 29.03.2016 in a case registered for the offences punishable under sections 498A, 304B, 201/34 of the Indian Penal Code. Prosecution case is of killing the sister of the informant within one year of marriage for non-fulfillment of dowry demand and disposing of the dead body.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws family members including the petitioners. Moreover, the

Patna High Court Cr.Misc. No.29387 of 2016 (2) dt.25-07-2016 2/2 thrust of accusation is against the husband of the victim. Subsequently, the informant retracted from the initial version and filed an affidavit to that effect before the learned Court below. During trial of the husband of the victim, the informant has been examined, who has not supported the prosecution case and admitted that the victim died due to illness during treatment. Considering the thrust of accusation against the husband of the victim and retracted version of the informant during trial of the husband of the victim, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Majhaulia P.S.

Case No.157/2015.

However, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for three consecutive occasions or gets involved in some serious nature of offence.

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