Rajendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68413 of 2021 Arising Out of PS. Case No.-184 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
RAJENDRA SINGH S/o Late Rajaram Singh Resident of Village - Harigaon, P.S. - Jagdishpur, District - Bhojpur. 2.
Shankuntala Devi W/o Rajendra Singh Resident of Village - Harigaon, P.S. - Jagdishpur, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2022 Heard the learned counsel for the petitioners and the learned APP for the State, Sri Mithlesh Kumar Khare.
The petitioners seek regular bail in connection with Jagdishpur P.S. Case No. 184/2021, registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.
The allegation is regarding the accused persons having killed the daughter of the informant by pressing her neck on account of non-fulfillment of the demand for dowry.
Patna High Court CR. MISC. No.68413 of 2021(2) dt.05-05-2022 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having clean antecedent. The learned counsel for the petitioners has further submitted that the petitioner no. 1, who is the father-in-law of the deceased victim lady, is in custody since 24.5.2021 whereas the petitioner no. 2, who is the mother-in-law of the deceased victim lady, is in custody since 20.5.2021. The learned counsel for the petitioners has submitted, by referring to the FIR, that a general and omnibus allegation has been levelled against the accused persons and as far as the petitioners are concerned, there is no specific allegation of them having engaged in any sort of overt act. It is also submitted, by referring to paragraph no. 9 of the present petition, that the husband of the deceased victim lady, who is stated to be the main accused in the present case, is already in custody.
Per contra, the learned APP for the State has
Patna High Court CR. MISC. No.68413 of 2021(2) dt.05-05-2022 3/3 vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioners and the main accused appears to be the husband of the deceased victim lady, who is already in custody, I deem it fit and proper to direct for release of the petitioners on regular bail.
Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM I Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 184 of 2021.
(Mohit Kumar Shah, J) Ajay/- U T