Jitan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21524 of 2017 Arising Out of PS.Case No. -1410 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Jitan Singh son of Late Sama Singh

2. Harihar Singh son of Late Rahan Singh

3. Aniha Devi wife of Harihar Singh

4. Pachiya Kuer wife of Late Shama Singh All are residents of vill - Chatni Bigha, P.S. - Tilauthu, Dist - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sasaram Nagar (Tilauthu) P.S.Case No. 1410 of 2016 registered under Sections 302, 201 and 34 of the Indian Penal Code.

It is stated by the learned counsel for the petitioners that the case was not found true under Section 302 of the Indian Penal Code during investigation and, thus, the police submitted charge-sheet under Section 306 of the Indian Penal Code. He submitted that there is no positive material to suggest that the petitioners abated the victim to commit suicide. It is further

Patna High Court Cr.Misc. No.21524 of 2017 (2) dt.06-07-2017 2/2 contended that the petitioner nos.2 and 3 are grand father-in-law and grand mother-in-law respectively of the victim. Learned counsel for the State has opposed the application for grant of pre-arrest bail.

I have perused the materials available on record. Considering the nature of allegation and the relationship of the petitioners, the petitioner no.2 Harihar Singh and petitioner no.3 Aniha Devi are directed to be released to on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram Nagar (Tilautha) P.S.Case No. 1410 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of their arrest or surrender before the court below within six weeks from today. So far as petitioner no.1 Jitan Singh and petitioner no.4 Pachiya Kuer are concerned, their prayer for grant of prearrest bail is rejected. They are directed to surrender and seek regular bail.

(Ashwani Kumar Singh, J) Pradeep/- U T