Ratnesh Kumar Singh @ Ratnesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7967 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -AIRPORT District- PATNA ======================================================

1. Ratnesh Kumar Singh @ Ratnesh Kumar, S/O Late Shyam Bihari Singh

2. Sangita Singh, W/O Ratnesh Kumar Singh, Both Resident of Mohalla - Prashya Sadan, Riding Road, Sheikhpura, Police Station - Hawai Adda, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Bihari Tiwary For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard the learned counsel for the petitioners, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Hawai Adda P.S. Case No. 176 of 2016 for the offence punishable under section 304 B/34 of the I.P.C.

Allegedly, Rani Devi, who was married to Nilesh Kumar Singh three years ago, was being tortured by her husband and the petitioners due to non fulfillment of their demand to open Medicine Company and ultimately the daughter of the informant died in unnatural circumstances in the Paras Hospital where she

Patna High Court Cr.Misc. No.7967 of 2017 (3) dt.03-03-2017 2/3 was admitted.

Submission is of false implication and that the petitioners are Cousin Bhaisur and Gotni having no concern with the family affairs of husband of the deceased, the petitioners are living separately since long, there is no specific allegation against them, the deceased died due to heart attack in the Paras Hospital and she was subjected to Cardiopulmonary resuscitation and in that process some injury and fracture might be caused, the petitioners being separate deserve sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioners by submitting that the petitioners and the husband of the deceased are not separate rather they are living under one roof, in the postmortem report antemortem injuries have been found caused by hard and blunt substance that belies the statement that the deceased was ill and was treated in the Paras Hospital and as such the petitioners do not deserve pre-arrest bail, they were also demanding money for opening of Medicine Company with the husband.

In the facts and circumstances as stated above, considering that admittedly the deceased was admitted in the Paras Hospital where she died, the petitioners are Cousin Bhaisur and

Patna High Court Cr.Misc. No.7967 of 2017 (3) dt.03-03-2017 3/3 the wife of Cousin Bhaisur and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. Shri Raj Narayan Nigam, Sub. Judge-XV Cum A.C.J.M, Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T