Surendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.28292 of 2015 (3) dt.29-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28292 of 2015 Arising Out of PS.Case No. -142 Year- 2014 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Surendra Singh son of late Ragho Singh residing at village - Pachara, P.S. - Tariyani, Dist. - Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Tariyani P.S. Case No. 142 of 2014 registered for the offences punishable under Sections 304B, 201 and 120B of the Indian Penal Code. Allegedly, Soni Kumari the daughter of the informant was married with Sanjay Singh the son of the petitioner on 13.04.2012 and due to non-fulfillment of demand of Rs. 55,000/- to purchase motorcycle, she was subjected to cruelty and ultimately was bunt to death and further cremated the dead body. Submission is of false implication and that there is no specific allegation against the petitioner, he is the old father-in-law having no concern with the affairs of deceased and her husband

Patna High Court Cr.Misc. No.28292 of 2015 (3) dt.29-10-2015 and is suffering in custody since 10.10.2014, chargesheet has already been submitted and the husband of the deceased is in custody and, as such, he deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering the period of detention and further noticing that chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 142 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T