Disposed

Umesh Singh v. the State of Bihar

Patna HC13 Jan 2022CR. MISC./29798/2021

Case brief

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What is this about?

The High Court of Patna granted an order on an anticipatory bail application. While noting the third wave of COVID-19 and poor jail conditions, the court directed the petitioners to remove defects within four weeks of normalcy being restored, and in the event of arrest before courts as a result of the P.S. Case, they were to be released on personal bonds subject to furnishing cash bail bonds and p

What did the court decide?

Released on anticipatory bail in the event of arrest/surrender within 12 weeks, subject to providing personal bonds, cash bail of Rs. 10,000 each, and two sureties within 8 weeks upon restoration of n

Umesh Singh Vs the State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29798 of 2021

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Arising Out of PS. Case No.-104 Year-2020 Thana- ATHMALGOLA District- Patna

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======================================================

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Umesh Singh S/O Late Ram Balak Singh R/Village-Hasanchak, P.SAthamalgola, District-Patna.

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Indu Devi W/O Umesh Singh R/Village-Hasanchak, P.S-Athamalgola, District-Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar Jha For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 13-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For

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Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioners are apprehending their arrest in a case registered under Sections 304B, 201 and 34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.29798 of 2021(2) dt.13-01-2022 2/3

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Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are father-in-law and mother-inlaw of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody.

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On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

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Patna High Court CR. MISC. No.29798 of 2021(2) dt.13-01-2022 3/3

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Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned S.D.J.M., Barh in connection with Athamalgola P.S. Case No. 104/2020, G.R. No. 659/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Umesh Singh v. the State of Bihar

Case brief

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Umesh Singh v. the State of Bihar

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