Tumnath Singh @ Tuman Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6193 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -DHANGAI District- BHOJPUR ======================================================

1. Tumnath Singh @ Tuman Yadav son of Late Mohan Singh

2. Binod Kumar Singh @ Basi Yadav, son of Tumnath Singh @ Tuman Yadav, Both are R/o Village- Digha, P.S.- Dhangai, District- Bhojpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ravindra Kumar, Advocate. For the Opposite Party : Mr. M.K. Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Dhangai P.S. Case No. 32 of 2015 registered for the offence punishable under Section 304(B) of the Indian Penal Code. Gudia Devi, the daughter of the informant was married to Jyoti Yadav @ Bhuwar Yadav, the son of petitioner no.1 in the year 2011 and allegedly, due to non-fulfillment of demand of motorcycle, she was being tortured by her husband and other in-laws including the petitioners and ultimately she was burnt to death and her dead body was also made traceless. Submission is of false implication and that the petitioner no.1 is old father-in-law and petitioner no.2 is Bhaisur

Patna High Court Cr.Misc. No.6193 of 2016 (3) dt.06-04-2016 2/2 and they are living separately from the husband of the deceased since long, there is no specific allegation against the petitioners and as such they deserve sympathetic consideration as they are suffering in custody since 16.09.2015.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Dhangai P.S. Case No.32 of 2015, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J.) Amit/- U T