Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52267 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== 1.

AJAY SINGH Son of Late Krishna Nandan Singh Resident of Village - Bhasikmpur, P.S.- Parwalpur, Dist.- Nalanda.

2.

Usha Devi Wife of Ajay Singh Resident of Village - Bhasikmpur, P.S.- Parwalpur, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 This application, for grant of anticipatory bail, arises out of Parwalpur P.S. Case No. 117/2019, disclosing offences under Section 304(B) of the Indian Penal Code. Petitioners happen to be father in law and mother in law of the deceased and allegation against them is of causing death of the deceased for non fulfilment of demand of dowry. Submission of learned counsel for the petitioners is that they are father in law and mother in law of the deceased and have falsely been implicated in this case and the information was also given to the informant with respect to death of the deceased and further the deceased was also taken to the hospital. It has also been submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.52267 of 2019(3) dt.05-11-2019 2/2 that the petitioners used to live in the village, whereas, the occurrence took place in town, where the deceased and her husband used to reside only.

Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for anticipatory bail on the ground that para - 6 of the case diary disclosed that both the petitioners were residing in the house with deceased and her husband and further the deceased was also carrying several injuries on her person, which has not been explained by the accused persons.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T