Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60630 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== Mukesh Singh, Aged about 27 years, Male, Son of Raj Kumar Singh, Resident of Village- Raghopur, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard both sides.

The petitioner apprehends his arrest in Fatehpur P.S. Case No.119 of 2019, registered under Sections 114, 302, 120(B) and 34 of the Indian Penal Code.

The informant, mother of the deceased Sudha Kumari, alleged that Sudha Kumari was married with Dinesh Singh in the year 2004 but after marriage, the husband and other in-laws of her daughter were torturing her daughter. The informant got information on 21.05.2019 that the accused persons instigated the husband of Sudha Kumari who brutally assaulted Sudha Kumari. When the informant enquired from the petitioner, the brother-in-law of Sudha Kumari, the petitioner, disclosed that Sudha Kumari was taken to A.N.M.C.H. for treatment and from there to P.M.C.H. but the informant came to the house to see her

Patna High Court CR. MISC. No.60630 of 2019(2) dt.17-10-2019 2/3 grand children and found the dead body of her daughter lying on a cot.

Learned counsel for the petitioner submits that the marriage was solemnized in the year 2004 but neither the informant nor the deceased ever complained any ill treatment at the hands of the petitioner. Petitioner is brother-in-law of the deceased. In fact the husband of the deceased, namely, Dinesh Singh is alleged to have assaulted his wife. Consequently the wife died. The petitioner has no manner of concern with the family affairs of the deceased and her husband. Even the children of the deceased was inside the house but nobody disclosed that the petitioner even touched the body of the deceased.

Taking into consideration the facts that the petitioner is the brother-in-law of the deceased and there is specific allegation that Dinesh Singh, the husband of the deceased brutally assaulted his wife resulting in the death of his wife, Sudha Kumari, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.60630 of 2019(2) dt.17-10-2019 3/3 A.C.J.M.-X, Gaya in connection with Fatehpur P.S. Case No.119 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T