Kamta Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64142 of 2018 Arising Out of PS. Case No.-73 Year-2015 Thana- AKBARPUR District- Nawada ======================================================

1. Kamta Singh S/o Rameshwer Singh

2. Bipin Singh S/o Kamta Singh

3. Sarita Devi W/o Bipin Singh All R/o Vill - Malikpur, P.S. Akbarpur, Distt. Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Akbarpur PS Case No. 73/2015 for the alleged offence under Section 304B/34 of the Indian Penal Code. Learned counsel representing the petitioners with reference to Annexure-2, statement of the victim girl under Section 164, CrPC, submits that the foundation of the instant case is false as the girl Priti Kumari who is alleged to have been killed in the instant case by the petitioners' side is alive and she has given her statement under Section 164, CrPC. Considering the aforesaid as also the fact that the petitioners have no criminal antecedent, this application is allowed.

Patna High Court Cr.Misc. No.64142 of 2018(3) dt.20-12-2018 2/2 In the event of arrest or surrender before the concerned court below within a period of one month from today, the petitioners above named are directed to 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 the Addl. Chief Judicial Magistrate I, Nawada in connection with Akbarpur PS Case No. 73/2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) mrl./- U T