Prem Kumar Singh @ Prem Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72226 of 2022 Arising Out of PS. Case No.-89 Year-2018 Thana- DESARI District- Vaishali ====================================================== PREM KUMAR SINGH @ PREM SINGH S/O LATE SARABJEET SINGH Resident of village- Chak Mohmad, P.S.- Desari, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Desari P.S. Case No. 89 of 2018 dated 09.05.2018 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the petitioner is brother-in-law of the deceased and co-accused Rajesh Kumar @ Shivlal Singh, who happens to be husband of the deceased and co-accused Pavitra Kumari @ Pavitra Devi have been granted regular bail and anticipatory bail by different Benches of this Court vide orders dated 23.03.2022 and 02.04.2019 passed in Cr. Misc. Nos. 44553/2021 and 18520/2019 respectively and the trial of mother-in-law of the
Patna High Court CR. MISC. No.72226 of 2022(3) dt.28-04-2023 2/3 deceased is separately running and she has been granted bail by the trial Court itself and during her trial, the informant was examined as PW-4, in which she did not make any allegation of dowry demand and cruelty by the victim's in-laws and revealed that the victim died of stomach pain during medical treatment and the victim's marriage took place eight years ago and after the institution of the FIR, the informant filed compromise petition in the present matter. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 06.09.2022.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that the petitioner is brother-in-law of the deceased and two co-accused persons mentioned-above have been granted bail by different Benches of this Court and co-accused Gulabiya Devi, whose case is identical to the petitioner's case, has been granted bail by the trial Court as per above submission and against the petitioner, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.72226 of 2022(3) dt.28-04-2023 3/3 like amount each to the satisfaction of the Court concerned in connection with Desari P.S. Case No. 89 of 2018. (Shailendra Singh, J) annu/- U T