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Patna High CourtCR. MISC./68022/2019allowed

Raj Nandan Singh @ Raj Nandan Prasad Singh @ Raj Nandan Kr. Singh v. The State Of Bihar

2019-12-04Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68022 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Raj Nandan Singh @ Raj Nandan Prasad Singh @ Raj Nandan Kr. Singh Son of Late Banshi Yadav Resident of Village - Nadauna , P.S.- Bhagwanganj, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar Jha, Advocate for the Informant : Mr. S.D. Sanjay, Advocate For the Opposite Party/s :

Mr. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2019 Heard Mr. Bimal Kumar Jha, learned advocate for the petitioner, Mr. S.D. Sanjay, learned advocate for the informant and Mr. Aslam Ansari, learned APP for the State.

The petitioner is father-in-law of the deceased who seeks bail in connection with Gardanibagh P.S. Case No. 310 of 2018 which has been instituted for the offences under Sections 498(A), 302, 120(B)/34 of the Indian Penal Code.

The long F.I.R indicates that the relationship between the deceased and her in-laws and the husband

Patna High Court CR. MISC. No.68022 of 2019(2) dt.04-12-2019 2/3 was far from cordial. Several incidents are reported to have taken place inside the house which led the deceased to leave the matrimonial home but on the assurance of the accused persons of getting her properly treated in future, she was made to return. The deceased was found hanging from the ceiling when the door was closed from outside. Hence the F.I.R in which parents-inlaw and the husband along with others have been made accused.

Learned counsel for the petitioner has submitted that he was not even present at the time when the occurrence had taken place and even the cause of death has not been conclusively ascertained. The F.S.L. report was not available before the Court below when the bail petition was rejected. Apart from this, it has been submitted that other accused persons except the husband have been granted bail and the mother-inlaw of the deceased has been granted anticipatory bail. Petitioner is in custody since 18.07.2019.

Patna High Court CR. MISC. No.68022 of 2019(2) dt.04-12-2019 3/3 Considering the aforestated facts, this Court is inclined to grant bail to the petitioner.

The petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-JudgeXIV-cum-Additional Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 310 of 2018.

The petitioner, however is directed to participate in the trial and if it is found that he is making any effort of tempering with the evidence, it would be open for the informant or the prosecuting agency to proceed for cancellation of his bail.

(Ashutosh Kumar, J) Shageer/- U T