Naiyana Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17402 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== NAIYANA SINGH D/O RAJENDRA SINGH R/o village- Maharaja, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shashank Shekhar, Advocate :

Mr. Pratik Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per allegations in the FIR, on the dead body of the son of the informant having been discovered with his throat slit, a suspicion was raised by the informant that as a result of proximity between his son and the petitioner who happens to be the daughter of Rajendra Singh, the occurrence has taken place. It is submitted by learned counsel for the petitioner that the suspicion raised by the informant in the FIR is false and concocted. The petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.17402 of 2021(2) dt.27-08-2021 2/3 case. It is submitted that even accepting the cause of suspicion mentioned in the FIR, the petitioner cannot be said to be involved in the crime alleged. She is a lady and is in custody since 13.3.2020. She has no criminal antecedent. The application for bail of the petitioner is opposed by learned counsel for the petitioner and learned counsel for the informant. It is submitted by learned counsel for the informant that it was by way of a conspiracy that a telephone call was made by this petitioner, the son of the informant was called and ultimately murdered by the accused persons. Thus, there is direct allegation against this petitioner. It is further submitted that the trial has already commenced in the learned Court below and a prosecution witness has also been examined.

In reply it is submitted by learned counsel for the petitioner that the petitioner shall co-operate in the trial. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner together with the petitioner being in custody since 13.3.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 32 of 2021 (Sahpur P.S. Case no. 74 of 2020) on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17402 of 2021(2) dt.27-08-2021 3/3 each to the satisfaction of the learned Additional District and Sessions Judge IV, Ara, Bhojpur.

(Partha Sarthy, J) Prakash/- U