Patna High Court - Orders
Anirudh Kumar @ Pappu @ Anirudh Singh & ... vs The State Of Bihar on 18 December, 2012
Author: Gopal Prasad
Bench: Gopal Prasad
Patna High Court Cr.Misc. No.33740 of 2012 (4) dt.18-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33740 of 2012
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1. Anirudh Kumar @ Pappu @ Anirudh Singh
2. Punam Devi
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
4 18-12-2012Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 498A, 326 and 307/34 of the Indian Penal Code and later on Section 304(B) of the Indian Penal Code has been added.
Petitioner no. 1 is the Bhainsur and petitioner no. 2 is the Gotani. There is allegation that the husband of the victim, Punam Devi and Anirudh Kumar @ Pappu @ Anirudh Singh poured kerosene oil on her body and lit fire, as a result of which she succumbed to the injury.
Learned counsel for the petitioners submits that the allegations are general and omnibus and there is delay in lodging the First Information Report. However, the father of the victim in his fardbeyan dated 05.01.2012 has stated that the husband of the victim had illicit relation with Punam Devi.
Learned counsel for the State submits that the First Information Report was lodged on the statement of the victim and after death of the victim, the First Information Report was treated as dying declaration.
Learned counsel for the petitioner further submits that the husband of the deceased is already in jail custody and the allegations on Patna High Court Cr.Misc. No.33740 of 2012 (4) dt.18-12-2012 the petitioners are general and omnibus and the petitioners are in jail custody since 20.04.2012.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released 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 Additional Chief Judicial Magistrate, Danapur, District - Patna in connection with Bihta P. S. Case No. 01 of 2012, subject to the condition that the petitioners shall appear in the case on each and every date fixed by the learned court below and any absence of the petitioners shall be subject to the satisfaction of the learned court below on reasonable grounds and if the petitioners shall be absent on two consecutive dates, which itself be a ground for cancellation of the bail bond of the petitioners.
(Gopal Prasad, J.) Kundan/-