Narendra Singh @ Nagenddra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4676 of 2020 Arising Out of PS. Case No.-157 Year-2019 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== 1.
NARENDRA SINGH @ NAGENDDRA SINGH Son of Late Shivujan Singh Resident of Village-Shivganj, Ward No.29, P.S.-Dihri, District-Rohtas 2.
Manmati Devi @ Manti Devi @ Manrato Devi Wife of Narendra Singh @ Nagendra Singh Resident of Village-Shivganj, Ward No.29, P.S.-Dihri, District-Rohtas 3.
Tukash Kumari @ Puspa Kumari Daughter of Narendra Singh @ Nagendra Singh, Wife of Late Sunil Singh Resident of Village-Shivganj, Ward No.29, P.S.-Dihri, District-Rohtas, Village Mohraun, P.S-Banjari, District-Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Jha, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners, being the parents and married sister of the husband of the victim, are apprehending arrest in a case registered for the offences punishable under Sections 304B, 120B, 201/34 of the Indian Penal Code.
The prosecution case as per the written report of the informant, Jai Bihari Singh submitted before the Rail P.S. Dihrion-sone, is to the effect that the daughter of the informant was married with Dr. Pankaj Kumar Singh, the son of petitioner nos.
Patna High Court CR. MISC. No.4676 of 2020(2) dt.29-02-2020 2/3 1 and 2 on 01.05.2020, but subsequent to the marriage, there was further dowry demand of Rupees Five Lac and due to nonfulfillment of the same, torture was inflicted upon the daughter of the informant. Though, in the meanwhile, the married couple was blessed with two children. It is alleged that on 19.07.2019, the accused persons tried to kill the daughter of the informant by putting hot rice juice over her and on 21.07.2019, the son-in-law of the informant informed the informant that her daughter had gone missing from the house. Subsequently, the dead body of the daughter of the informant was recovered near a railway track. Hence, it was suspected that the accused persons, including the petitioner, might have killed the victim.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim, who has been granted regular bail under the provision of Section 167(2) of the Cr.P.C. Moreover, the accusation of assault and torture for non-fulfillment of further dowry demand after four years of marriage appears to be unreasonable. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners are named in the FIR.
Patna High Court CR. MISC. No.4676 of 2020(2) dt.29-02-2020 3/3 Considering the accusation being omnibus and general and the thrust of accusation is against the husband of the victim coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 Railway Judicial Magistrate, 1st Class, Gaya, in connection with Rail Sasaram (Dehri) P.S. Case No.157 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T