Allowed

Sukh Bihari Singh and Anr. v. The State Of Bihar

Patna HC3 Jul 2014CR. MISC./11726/2014

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioners, father-in-law and husband of a deceased woman, in a case alleging strangulation and death. The court considered the delay in lodging the FIR and the credibility of the informant's narrative before granting release upon furnishing bail bonds and sureties.

What did the court decide?

Petitioners released on bail upon furnishing bonds of Rs. 10,000 each with two sureties of the like amount each to the C.J.M., Buxar.

Sukh Bihari Singh and Anr. Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11726 of 2014

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Arising Out of PS.Case No. -189 Year- 2013 Thana -DUMRAUN District- BUXAR ====================================================== 1. Sukh Bihari Singh Son of Late Laxman Singh 2. Laljee Singh Son of Sukh Bihari Singh Both Resident of VillageNandan, P.S.- Dumraon, District- Buxar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3 03-07-2014 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant, who has suo motu appeared.

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The petitioners seek bail in Dumraon P.S. Case No. 189 of 2013 dated 09.09.2013 instituted under Sections 498/120B/304B of the Indian Penal Code.

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Learned counsel for the petitioners submits that the FIR has been lodged on the basis of complaint case in which the father of the deceased is the informant. Learned counsel submits that as per the allegation, the deceased was said to have been bitten by a snake and when the informant and his family members went there, the petitioners and others were not able to

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Patna High Court Cr.Misc. No.11726 of 2014 (3) dt.03-07-2014

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show him the mark of snake bite but because there he was not in proper senses he participated in the cremation and also got photograph taken and lateron when he came back to the village he was informed that the petitioners and other family members used to torture the deceased for dowry due to which she was strangulated to death. Learned counsel submits that the story does not appear to be believable inasmuch as at the very first instance it is admitted that the informant was called and he along with other family members came to the house, saw the dead body and then accompanied it to the burning ghat whereafter getting photograph taken, cremation was performed and thus there cannot be any occasion for the informant to say that he, without knowing of the implication, had participated in the cremation. Learned counsel further submits that even though the allegation is that the petitioners and their family members had strangulated the deceased but when they went there is not even a whisper that when they went there any sign of strangulation on the neck or any assault on any part of the body was visible/found. Learned counsel submits that the complaint case itself has been lodged six days after the incident. It is also pointed out that there is no explanation in the complaint case as to why they had not first approached the police. Learned counsel submits that the

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Patna High Court Cr.Misc. No.11726 of 2014 (3) dt.03-07-2014

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petitioners have clean antecedent and are in custody since 31.01.2014.

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Learned APP, upon going through the case diary, and learned counsel for the informant submit that the onus is on the petitioners being the father-in-law and husband to explain cause of death and that the reason for the informant not to lodge any case because of his mental condition was not good on seeing the dead body of his daughter.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Dumraon P.S. Case No. 189 of 2013.

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(Ahsanuddin Amanullah, J)

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Prakash/-

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Sukh Bihari Singh and Anr. v. The State Of Bihar

Case brief

What is this about?

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Sukh Bihari Singh and Anr. v. The State Of Bihar

Case brief

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