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Patna High CourtCR. MISC./1136/2017bail granted

Randhir Singh @ Randhir Kumar Singh v. The State Of Bihar

2017-01-20Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1136 of 2017 Arising Out of PS.Case No. -113 Year- 2014 Thana -DORIGANJ District- SARAN ====================================================== Randhir Singh @ Randhir Kumar Singh, son of Late Raghubansh Singh, resident of Village- Rasalpura, P.S.- Doriganj, District- Saran at Chapra (Bihar).

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 20-01-2017 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of this application.

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Doriganj P.S. Case No.113 of 2014 registered under Sections 498(A), 120(B) and 304(B)/34 of the Indian Penal Code.

The accusation of the informant Chandra Shekhar Singh is that on 17.09.2015 at about 02.00 P.M., his son Mrityunjay Kumar received the message 'to call me' of his daughter Pinki

Patna High Court Cr.Misc. No.1136 of 2017 (3) dt.20-01-2017 2/3 Kumari on his mobile on which Mrityunjay Kumar talked Pinki Kumari, who asked him to take her as soon as possible otherwise, her in-laws would kill her. The son of the informant raised suspicion that his sister is in fear and he informed the informant regarding the same. Then the informant and his wife talked his daughter, who was repeatedly telling that her in-laws would kill her and to take her as soon as possible. Thereafter, the informant contacted his son-in-law (petitioner) and asked him to send his daughter, who told him that her superstitious believe is going on and she will not go there. On the same day at about 09.51 P.M., the petitioner informed the informant about the death of his wife.

Thereafter, the informant alongwith his son moved for the sasural of his daughter and, on the way, the informant received information that the dead body of his daughter is at Sadar Hospital, Chapra. Then the informant rushed to the hospital and saw the dead body of his daughter. The informant further alleged that his daughter Pinki Kumari has been killed by her in-laws under conspiracy because she had no issue and she was suffering from arthritis.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the deceased. The petitioner is sergeant in the Air Force and is posted

Patna High Court Cr.Misc. No.1136 of 2017 (3) dt.20-01-2017 3/3 at Bikaner. On the date of occurrence, the petitioner was at the place of his posting and he was not at his native village where the occurrence is said to be taken place. Further submission is that the petitioner surrendered on 08.11.2016 and since then he is in custody.

On the other hand, learned counsel for the informant submits that while no antemortem injury was found on the person of the deceased but in the viscera report of the dead body of the deceased, the cause of her death has been shown due to consumption of Aluminum Phosphide.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Doriganj P.S. Case No.113 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T