Ram Ekbal Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78335 of 2018 Arising Out of PS. Case No.-916 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ======================================================
1. Ram Ekbal Singh, Son of Late Gopal Singh
2. Prabhawati Devi Wife of Ram Ekbal Singh Both Resident of Kolhua,P.S. Ahiyapur,Distt.-Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr. Tapeshwar Sharma For the Informant :
Mr. Santosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.
Petitioners seek bail in Ahiyapur P.S. Case No. 916 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Informant has alleged that his deceased daughter Bandana Devi was married with Krishnandan Singh in the year 2005 and there was no child from the said wedlock. Thereafter, husband of his deceased daughter solemnized second marriage in the year 2012 and her daughter was ill treated by his in-laws. One day, he got information that her daughter was killed by strangulation after pouring kerosene oil on her. When he went to her matrimonial house, she was found lying dead. It has been submitted on behalf of the petitioners
Patna High Court Cr.Misc. No.78335 of 2018(2) dt.24-01-2019 2/3 that they are innocent and have falsely been implicated in this case since they happen to be father-in-law and mother-in-law of the victim. Petitioners have no criminal antecedent and they are in custody since 29.08.2018.
Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 916 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.78335 of 2018(2) dt.24-01-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T