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Patna High CourtCR. MISC./8108/2023allowed

Shree Ram Singh v. The State Of Bihar

2023-07-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8108 of 2023 Arising Out of PS. Case No.-264 Year-2021 Thana- NOKHA District- Rohtas ====================================================== 1.

SHREE RAM SINGH Son of Late Ramayan Chaudhary R/v- Lalganj (Doma Tola), P.S.- Nokha, District- Rohtas (Bihar) 2.

VIJAYA SHANTI DEVI @ VIJAY SHANTI Wife of Shree Ram Singh R/vLalganj (Doma Tola), P.S.- Nokha, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Sinha No.1 For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Nokha P.S. Case No. 264 of 2021 registered for the offence under Sections 302/120(B)/34 of the Indian Penal Code. According to the FIR, the informant alleged that the petitioners along with other co-accused persons are alleged to have committed murder of the son of the informant. It is further alleged that the deceased was a tenant in the house of petitioners.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.8108 of 2023(3) dt.05-07-2023 2/3 have falsely been implicated in this case. From perusal of FIR, it appears that the informant only suspects that the petitioners along with his family members have committed murder of his son but during course of investigation, no any consistent material has come against the petitioners which suggests their complicity in the alleged occurrence. As a mater of fact, the deceased himself committed suicide by hanging. No one claims to have seen the alleged occurrence. Moreover, similarly situated co-accused namely, Maya Kumari has already been granted bail by a co-ordinate Bench of this Court vide order dt. 5.5.2023 passed in Cr. Misc. No. 7519 of 2023. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 14.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Nokha P.S. Case No. 264 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.8108 of 2023(3) dt.05-07-2023 3/3 amount each to the satisfaction of learned Additional Sessions Judge IX, Sasaram (Rohtas).

(Sunil Kumar Panwar, J) Amandeep/- U T