Dinesh Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41426 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -PAUTHU District- AURANGABAD ======================================================
1. Dinesh Singh, Son of Late Gauri Singh,
2. Ranjeet Singh Son of Dinesh Singh, Both R/o Village- Anchha, P.S.- Pouthu, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Smt. Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 14.07.2017 in connection with Pouthu P.S. Case No. 25 of 2017 for offences punishable under Sections 304-B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Punam Kumari was married to one Janardan Singh four years back and due to non-fulfillment of demand of dowry and motorcycle she was killed by her husband and other inlaws and her dead body was disposed off. It has been submitted by the learned counsel for the petitioners that petitioner no. 1 is the father-in-law and petitioner
Patna High Court Cr.Misc. No.41426 of 2017 (3) dt.31-10-2017 2/3 no. 2 is the brother-in-law (Dewar) of the deceased and husband is already in custody. He submits that no specific allegation has been levelled against them, allegations being general and omnibus. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioners.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, since the husband is in custody and there is general and omnibus allegation against the petitioners, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Pouthu P.S. Case No. 25/2017, subject to the following conditions : (i) Both the bailors would be close relatives of the petitioners having sufficient immovable property, who will file an affidavit stating their relationship with the petitioners.
(ii) Petitioners will appear before the learned court below during trial as and when required and failure to appear
Patna High Court Cr.Misc. No.41426 of 2017 (3) dt.31-10-2017 3/3 on two consecutive dates without assigning any reason will entail cancellation of their bail bonds. (Nilu Agrawal, J) Rajesh/- U T