Yogendra Singh @ Jogendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82168 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MAHILA PS District- Gopalganj ====================================================== 1.
Yogendra Singh @ Jogendra Singh S/o Late Radha Krishna Singh @ Radha Kishun Singh Resident of Village- Turkwaliya (Chanari Chauraha), P.S.- Sewarahi, District- Kushinagar, Uttar Pradesh. 2.
Malti Devi @ Malti W/o Yogendra Singh @ Jogendra Singh Resident of Village- Turkwaliya (Chanari Chauraha), P.S.- Sewarahi, DistrictKushinagar, Uttar Pradesh. 3.
Mantosh Kumar Singh Son of Yogendra Singh @ Jogendra Singh Resident of Village- Turkwaliya (Chanari Chauraha), P.S.- Sewarahi, DistrictKushinagar, Uttar Pradesh. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Amrita Kumari W/o Santosh Kumar Singh D/o- Ravindra Singh presently residing at Village- Khairatiya, Ramnagar, P.S.- Jadopur, Distt.- Gopalganj, Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in Gopalganj (Mahila) P.S. Case No. 11 of 2019, registered for the offences punishable under Sections 341, 323, 307, 498(A), 506 and 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
Prosecution case is that marriage of informant was solemnized with Santosh Kumar Singh on 24.06.2019. It is
Patna High Court CR. MISC. No.82168 of 2019(2) dt.11-12-2019 2/3 further alleged that informant was subjected to physical and mental torture due to non-fulfillment of demand of dowry. On 27.08.2019 at 8.00 p.m., the accused persons including these petitioners sprinkled kerosene oil on her body and tried to set her on fire.
It is submitted by learned counsel appearing on behalf of petitioners that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is brotherin-law (Dewar) of the informant. There is general and omnibus allegation against the petitioners. In fact, informant does not want to live with her in-laws. Petitioners have falsely been implicated in this case.
Considering the facts aforesaid and the fact that petitioners are in-laws of the informant, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 learned Sub-Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj (Mahila) P.S. Case No. 11 of 2019, subject to the conditions as laid down under
Patna High Court CR. MISC. No.82168 of 2019(2) dt.11-12-2019 3/3 Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T