Jitendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57704 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- SIRDALA DistrictNawada ==========================================

1. Jitendra Singh, S/o Late Brahmdeo Singh,

2. Shailendra Singh @ Salendra Singh, S/o Late Brahamdeo Singh. Both R/o Village- Dhakain, P.S. Chakand, Dist. - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2018 The petitioners seek bail in anticipation of their arrest in connection with Sirdala P.S. Case No. 05 of 2018 dated 04.01.2018 instituted for the offences under Sections 304/34 of the Indian Penal Code.

From the perusal of the F.I.R, it appears that the petitioners had come to the house of the informant for questioning his family members regarding the whereabouts of the daughter of petitioner No. 1. It may

Patna High Court Cr.Misc. No.57704 of 2018(2) dt.11-12-2018 2/3 be noted here that the daughter of petitioner No. 1 was earlier married to the younger brother of the informant who had become traceless. For the daughter of petitioner No. 1 having gone missing, a case also has been registered by the petitioner No. 1 against the informant and other members of his family. It has been alleged in the present F.I.R that when the deliberations were going on, the father of the informant who was seventy years old started trembling and died.

The learned counsel for the petitioners has submitted that no offence at all has been made out, much less under Section 302 of the Indian Penal Code. For the nature of accusation in the F.I.R and the background of petitioner No. 1 having filed a case against the brother of the informant and others, the petitioners, above named, in the event of their arrest or surrender within a period of four weeks from today before the learned Court below, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount

Patna High Court Cr.Misc. No.57704 of 2018(2) dt.11-12-2018 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, V, Nawada in connection with Sirdala P.S. Case No. 05 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T