Kuldeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16750 of 2015 Arising Out of PS.Case No. -200 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Kuldeep Singh Son of Late Baleshwar Singh, Resident of VillageDhanupra, P.S. Bakhtiyarpur (Kanaria O.P), District - Saharsa. .... .... Petitioner/s

Versus

The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Smt. Gulnar Begam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bakhtiyarpur P.S. Case No. 200 of 2014 registered for offences under sections 302 and 201/34 of the Indian Penal Code.

Allegation has been made that the marriage of the victim lady was solemnized with the son of petitioner, namely, Sulendra Singh about 18-19 years ago and couple have three sons in which first is aged 14-15 years. Allegation of torturing and assaulting has been made. Further allegation has been made that the victim was killed by the family members of the petitioner including the petitioner.

The counsel for the petitioner submits that the petitioner is aged about 70 years as it appears from the order sheet

Patna High Court Cr.Misc. No.16750 of 2015 (2) dt.15-06-2015 2/2 and so much so that other accused persons, namely, Mahesh Singh, brother-in-law of the deceased has already been granted bail by this Court in Cr. Misc. No. 16728 of 2015 and Kanakhiya Devi, mother-in-law of the deceased has also been granted bail by this Court in Cr. Misc. No. 14615 of 2015.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 200 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T