Rahul Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78376 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- AMARPUR District- Banka ====================================================== 1.
RAHUL KUMAR SINGH Son of Sri. Mrigendra Singh @ Sri. Mrigendra Kumar Singh Resident of village - Manjhganw, Police Station - Amarpur, District - Banka.
2.
Puja Kumari Wife of Rahul Kumar Singh Resident of village - Manjhganw, Police Station - Amarpur, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee Mr. Ganesh Sharma For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Amarpur Police Station Case No. 466 of 2023, disclosing offences punishable under Sections 302/120B/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the daughter of the informant (now, deceased) was married to co-accused Nitesh Kumar in the year 2016. It has been alleged that accused persons demanded dowry from the deceased and her family members after three years of the marriage and they used to torture her for the
Patna High Court CR. MISC. No.78376 of 2023(2) dt.10-01-2024 2/3 same. In 28.06.2023, the petitioners, along with other coaccused persons, killed the informant's daughter, due to non-fulfillment of the dowry demand. It has also been alleged in the First Information Report that the father-inlaw of the deceased had received Rs. 1,00,000/- as cash and Rs. 1,00,000/- was transferred in his account by the parents of the deceased for purchasing a motorcycle.
4. Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case, along with entire family members of the husband of the deceased. He further submits that the husband of the deceased is working in the Indian Air Force and the deceased has committed suicide because her husband was not in a position to keep her along with him at his place of posting. The deceased, being frustrated, had committed suicide, which would be evident from the inquest report, prepared on 28.06.2023. He further submits that the father-in-law and the mother-in-law of the deceased have been granted regular bail in Criminal Misc. No. 70859 of 2023.
5. Regards being had to the submissions advanced on behalf
Patna High Court CR. MISC. No.78376 of 2023(2) dt.10-01-2024 3/3 of the parties and taking into consideration the fact that the petitioners are brother-in-law and sister-in-law of the deceased and the inquest report, prima facie, indicates commission of suicide by the deceased, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur Police Station Case No. 466 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √