Harikishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67964 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- PATAHI District- East Champaran ====================================================== 1.

HARIKISHORE SINGH Son of Late Ram Rup Singh Resident of Village - Khutauna, P.S.- Patahi, District- East Champaran. 2.

Bachcha Devi Wife of Harikishore Singh Resident of Village - Khutauna, P.S.- Patahi, District- East Champaran.

3.

Bikki Singh @ Bikki Kumar Singh Son of Hari Kishore Singh Resident of Village - Khutauna, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Petitioners seek bail in anticipation of their arrest in connection with Patahi P.S. Case No. 130 of 2019, registered for the offences punishable under Sections 304B, 201 of the Indian Penal Code.

As per F.I.R, petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner no. 3 is brotherin-law (Dever) in a case of dowry death. Submission of the learned counsel for the petitioners is that there is general and omnibus allegations against the petitioners. Deceased was suffering from disease and as such she died and her dead body was cremated after information of

Patna High Court CR. MISC. No.67964 of 2019(3) dt.19-11-2019 2/3 informant and others.

Learned A.P.P. for the State has opposed the prayer of bail and drawn my attention at paragraphs 15 and 16 of the case diary in which witnesses stated that when the deceased was crying petitioners No. 1 and 2 saw her but they have not helped her and fled away from there.

Having heard both sides. So far as petitioners no.1 and 1 are concerned, in view of the allegation, I am not inclined to grant privilege of anticipatory bail to them, however, they are directed to surrender before the learned Court below and make prayer for regular bail and Court below will consider the matter on its own merit without being prejudiced by order of this court. So far as petitioner No.3 is concerned, let the petitioner No.3 above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial MagistrateVIII, East Champaran at Motihari in connection with Patahi P.S. Case No. 130 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of

Patna High Court CR. MISC. No.67964 of 2019(3) dt.19-11-2019 3/3 the Court concerned.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) T.Kr./- U T