Biresh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32692 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -DELHA District- GAYA ======================================================

1. Biresh Singh, Son of Birendra Singh

2. Birendra Singh, S/o Late Sampat Singh

3. Neelu Singh, W/o Biresh Singh All are resident of Village - Parsawan, P.S. - Paraiya, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Smt. Gulnar Begum (A.P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Delha P.S. Case No. 34 of 2015, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

This is a peculiar case, where the informant is the wife of the deceased. She has alleged that petitioner no. 1,

Patna High Court Cr.Misc. No.32692 of 2015 (2) dt.14-08-2015 2/3 who is the brother of the deceased, petitioner no. 2, who is the father of the deceased and petitioner no. 3, who is wife of petitioner no. 1, poured kerosene on the body of the deceased and set him on fire.

Learned counsel appearing on behalf of the petitioners submits that the offence as against these petitioners is highly improbable. He further submits that this criminal case has been instituted to settle civil dispute in the family and the dispute between the parties has been subsequently settled amicably.

In view of the facts and circumstance of the case, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released 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 Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 34 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the

Patna High Court Cr.Misc. No.32692 of 2015 (2) dt.14-08-2015 3/3 case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T