Kedar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49144 of 2015 Arising Out of PS.Case No. -214 Year- 2010 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Kedar Singh, son of Kari Singh, resident of Village-Putai P.S. Manigachhi, District Darbhanga .... .... Petitioner/s

Versus

1. State of Bihar

2. Ram Rati Devi, wife of late Yugdeo Singh, resident of Village Putai, P.S. Manigachhi, District Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Nand Jha For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

Manigachhi P.S. Case No. 72 of 2003 was lodged by the Chaukidar and after investigation the complainant-petitioner was made accused. While she was in jail custody she filed an application before the police and after release from the jail custody she filed the complaint petition which was sent to the police under Section 156(3) of the Code of Criminal Procedure. The police after investigation submitted the final form in 2008 itself and in 2010 a protest petition has been

Patna High Court Cr.Misc. No.49144 of 2015 (2) dt.03-11-2015 filed. After inquiry under Section 202 of the Code of Criminal Procedure the trial court rejected the same. Thereafter the complainant filed Cr. Rev. no.13 of 2011 and after remand from the revisional court the Magistrate has taken cognizance against the petitioner on 20.2.2014.

Learned counsel for the petitioner submits that those who have been examined in Manigachhi P.S. Case No.72 of 2003 have been made accused in the present complaint case out of vendetta. The petitioner has been made accused in the present case.

Having considered the facts and circumstances of the case, let petitioner, Kedar Singh, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Darbhanga in connection with Complaint Case No.214 of 2010, T.R. No.3762 of 2014. (Shivaji Pandey, J) Vinay/- U T