Baidya Nath Singh @ Baidya Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26718 of 2015 Arising Out of PS.Case No. -8 Year- 2013 Thana -KHAJAULI District- MADHUBANI ======================================================

1. Baidya Nath Singh @ Baidya Nath Rai Son of Late Lakhan Singh resident of village - Laxmipur South Narhaiya Tole, P.S. Khajauli, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in a case registered for the offences punishable under sections 302,201, 120(B)/34 of the Indian Penal Code.

It is alleged that the informant Ram Shakhi Devi gave information to the police that on 13.01.2013 her husband had gone to the house of his Phupha late Lakhan Singh. It is further alleged that the petitioner came to the house of the informant and gave broken mobile and sim and said to the informant that at 7.0 P.M. some one had sent message through mobile of her husband. The petitioner asked from the informant whether Jay Narayan Singh reached there or not on which the informant replied that he

Patna High Court Cr.Misc. No.26718 of 2015 (2) dt.27-07-2015 has not come. Thereafter the informant began to search her husband. The informant received an information on 31.01.2013 that the dead body of her husband was hanged in the orchard of the village Tarapatti. The informant found blood on the head of her husband and also found pressing of the neck. On behalf of the petitioner it is submitted that the petitioner is in custody since 27.03.2015. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedent. The petitioner is not named in the F.I.R. nor there is any recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the name of the petitioner has come in course of investigation.

Considering the facts aforesaid, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Atul Veer Singh, Judicial Magistrate, 1st Class, Madhubani in connection with Khajouli P.S. Case no. 08 of 2013.

(Sudhir Singh, J) Amin/- U