Bindeshwar Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44657 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -UJIYARPUR DistrictSAMASTIPUR =====================================
1. Bindeshwar Sahni son of Late Sukdeo Sahni,
2. Soni Kumari daughter of Bindeshwar Sahni,
3. Soni Devi wife of Pappu Sahni,
4. Pappu Sahni son of Bindeshwar Sahni,
5. Kala Devi wife of Bindeshwar Sahni,
6. Siya Sharan Sahni son of Late Firangi Sahni, All are resident of Village- Gaopur, P.S.- Ujiarpur, DistrictSamastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Anil Kumar Singh 1 ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Ujiarpur P.S. Case No. 93 of 2016, disclosing offences under Sections 304B/34 of the Indian Penal Code. Petitioner No. 1 is the father-in-law, whereas
Patna High Court Cr.Misc. No.44657 of 2016 (2) dt.28-10-2016 2/3 petitioner No. 5 is the mother-in-law of the deceased. Petitioner No. 2 is the sister of husband of the deceased, whereas petitioner No. 4 is brother of the husband of the deceased. Petitioner No. 3 is the wife of petitioner No. 4. Petitioner No. 6 is co-villager of the petitioners. Referring to the First Information Report, learned counsel for the petitioners has submitted that there is no specific allegation against these petitioners of making any demand of dowry or torture therefor.
He has further submitted that it is evident from the First Information Report that the informant was informed by the husband of the deceased that she had consumed poison and there is, therefore, no allegation of concealment of any fact from the family members of the deceased by the accused persons. He goes on to submit that considering the nature of accusation and status of the petitioners, there is no likelihood that they will be fleeing from the course of investigation or trial or they can tamper with the evidence or influence the witnesses, if they granted anticipatory bail.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing
Patna High Court Cr.Misc. No.44657 of 2016 (2) dt.28-10-2016 3/3 bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dalasingsarai, Samastipur, in connection with Ujiarpur P.S. Case No. 93 of 2016, 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 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 be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/-c U T