IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31239 of 2011
1. Mahto Singh, Son of Late Garbhu Singh.
2. Sunil Singh, Son of Late Balram Singh.
Both residents of village-Sarokh, P.S.-Sajour, District-Bhagalpur.
Versus
The State of Bihar
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2. 15.09.2011 Heard learned counsel for petitioners and learned counsel
appearing for the State.
The petitioners apprehend their arrest in connection with a
case registered for the offence under Sections 304B, 201/34 of the
Indian Penal Code.
It is submitted on behalf of the petitioners that it would be
apparent from the F.I.R. itself that they are not related in any manner
to the husband of the deceased.
In the F.I.R. itself, it is alleged that they being co-villagers
helped in disposing of the dead body. Thus, it is submitted that
ingredients of offence under Section 304B of the Indian Penal Code
would not be attracted as against them. They simply participated in the
cremation being co-villagers and that cannot be deemed to be an
offence punishable under Section 201 of the penal code. Even,
otherwise Section 201 IPC is bailable in nature.
Taking into consideration the fact that the petitioners are not
related to the husband of the victim and it is not alleged that they
participated in murder of the victim, let the petitioners, namely, (i)
Mahto Singh and (ii) Sunil Singh in the event of their arrest or
surrender before the Court below within a period of four weeks from
2
the date of receipt/communication of this order, be released on bail on
furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two
sureties of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bhagalpur in connection with Shahkund (Sajour)
P.S. Case No. 136 of 2011 subject to the conditions as laid down under
Section 438(2) Cr. P.C.
Sanjeet (Ashwani Kumar Singh, J.)