Deepak Kumar @ Munna Singh @ Deepak Singh And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.42799 of 2017 (3) dt.01-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42799 of 2017 Arising Out of PS.Case No. -195 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. DEEPAK KUMAR @ MUNNA SINGH @ DEEPAK SINGH, Son of Gopal Singh,

2. Seema Devi, Wife of Deepak Kumar,

3. Gopal Singh, Son of Kapil Deo Singh,

4. Dharmasheela Devi, Wife of Gopal Singh, All resident of Village Ibrahimpur, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Saraiya Police Station Case No. 195 of 2017, disclosing offences under Sections 304B, 201/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. In fact, the petitioner Nos. 1 and 2 happen to be brother-in-law and wife of brother-in-law of the deceased whereas the petitioner Nos. 3 and 4 happen to be parents-in-law of the deceased and they live

Patna High Court Cr.Misc. No.42799 of 2017 (3) dt.01-11-2017 separately. The police during investigation after examining the witnesses have found the case false against the petitioner Nos. 1 and 2 and accordingly submitted final form. These petitioners have never demanded any dowry nor tortured the deceased in any manner. Moreover, the husband of the deceased is already in custody. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, (West) Muzaffarpur, in connection with Saraiya Police Station Case No. 195 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T