Birendra Singh @ Birendra Prasad @ Shama v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74989 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Birendra Singh @ Birendra Prasad @ Shama Son of Late Hira Singh R/VHakam, P.S- Siwan Muffasil (Mahadeva O.P) Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP For the Informant :
Mr. Indrajeet Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No. 125 of 2022 registered for the offences punishable under Sections 304-B, 201 and 120-B/34 of the Indian Penal Code (in short 'I.P.C.').
The allegation against this petitioner is to cause death of daughter of the informant alongwith other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for Rs. 5,00,000/- (Rupees Five Lac).
Learned counsel appearing on behalf of the petitioner submitted that petitioner is father-in-law and for only reason he was
Patna High Court CR. MISC. No.74989 of 2022(2) dt.04-05-2023 2/2 implicated in this case, where thrust of allegation is available against the husband of deceased, who is in judicial custody since 15.03.2023. It is submitted that petitioner living separately with family of deceased and her husband and having no connection with their daily and domestic affairs. While concluding the argument it is submitted that petitioner is a man of clean antecedent. Learned APP for the State duly assisted by the learned counsel, Mr. Indrajeet Bhushan, appearing on behalf of the informant opposed the prayer of bail.
Considering the aforesaid facts and circumstances and by taking note of the fact, as petitioner is father-in-law, living separately, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan/concerned Court, where the case is pending in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No. 125 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T