Rabindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78133 of 2019 Arising Out of PS. Case No.-318 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

RABINDRA KUMAR SINGH Son of Late Raj Narain Singh Resident of Village - Shovi Dumra, P.S.- Ara Muffashil, Distt - Bhojpur. 2.

Anita Devi Wife of Rabindra Kumar Singh Resident of Village - Shovi Dumra, P.S.- Ara Muffashil, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Rina Sinha, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Petitioner no.1 is elder brother in law of the deceased, whereas petitioner no.2 is wife of petitioner no.1. The allegation is general and omnibus in nature and they live separately as such they are no way concerned with the affairs of the victim and her husband. Nothing incriminating has come against the petitioners during investigation in support of the allegation that they committed torture and murdered the victim by fire arms. Learned counsel for the informant opposes the prayer for bail alleging that the petitioners too committed offence along

Patna High Court CR. MISC. No.78133 of 2019(5) dt.27-02-2020 2/2 with their family members.

Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 the Chief Judicial Magistrate, Bhojpur at Ara in Ara Mufassil Police Station Case No. 318/2018, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T