Dinanath Singh And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1359 of 2024 Arising Out of PS. Case No.-650 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Dinanath Singh, S/o Late Gharbharan Singh, R/o Village Pipariya, P.S.- Mohania, District- Kaimur at Bhabua 2.

Chandrawati Devi, W/o Dinanath Singh, R/o Village Pipariya, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Mohania P.S. Case no. 650 of 2023 registered under sections 302, 498A and 34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the daughter of the informant was tortured by the accused persons for non-fulfillment of the demand of dowry by way of a motorcycle and Rs.3 lacs in cash. The informant states that he received information on telephone about his daughter having died.

4. Learned counsel for the petitioners submits that the petitioners are the father-in-law and mother-in-law of the deceased. They have been falsely implicated in the case. The allegations in the FIR are false and concocted. The husband of the

Patna High Court CR. MISC. No.1359 of 2024(2) dt.24-01-2024 2/2 deceased is in custody and the petitioners are in custody since 12.9.2023. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioners are named in the FIR but there is allegation against them also.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the allegations being general and omnibus in nature, their being the father-in-law and mother-in-law of the deceased, the petitioners being in custody for more than 4 months since 12.9.2023, charge-sheet having been submitted in the case and the petitioners not having any criminal antecedent, both the petitioners are directed to be enlarged on bail in connection with Mohania P.S. Case no. 650 of 2023, on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Mohania, Kaimur at Bhabua.

(Partha Sarthy, J) avinash/- U T