Balwant Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54570 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -ALAMGANJ District- PATNA ======================================================

1. Balwant Singh, Son of Late Ram Pratap Singh.

2. Smt. Anita Singh, Wife of Sri Balwant Singh, Resident of VillageBochaha, Police Station- Mohiuddin Nagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2018 Heard the counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Alamganj P.S. Case No. 267 of 2017 dated 08.07.2017 instituted for the offence under 304B of the Indian Penal Code.

The petitioners are the parents in law of the deceased. Mr. Vishwanath Prasad Singh, learned senior counsel has drawn the attention of this Court to the First Information Report in which it has been alleged that the deceased resided with her husband at Patna, away from her matrimonial. The petitioner No. 1 is stated to be a retired army personnel and after his superannuation, he along with his wife (petitioner No. 2) has been residing in his village home. The informant has categorically stated that for the last one year, the deceased was staying with her husband in Adivasi Colony, Alamganj, Patna in a rented house. On 08.07.2017, he claims to

Patna High Court Cr.Misc. No.54570 of 2017 (3) dt.17-01-2018 2/2 have learnt on telephone that his daughter is dead. On such information, the informant went to the rented house of his son-inlaw, where he found his daughter lying dead. Froth was coming out of her mouth. A vague suspicion therefore has been raised by the informant that the deceased has been killed by all the accused persons including the petitioners. Learned counsel for the petitioners has further stated that the husband of the deceased was an unemployed person for some time but later he got employment in Indian Army and the petitioners are absolutely unaware as to where is he posted now.

Regard being had to the aforesaid facts especially, that the deceased was not staying with the petitioners at their house, in the event of arrest or surrender of the petitioners before the court below within a period of four weeks from today, they shall be granted bail subject to their furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, Distt.-Patna in connection with Alamganj P. S. Case No. 267 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) ajay gupta/- U T