Bhairo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8746 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- KATORIYA District- Banka ====================================================== Bhairo Singh Son of Late Babulal Singh R/o village- Jhausa, P.SChandramandih, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narsingh Tanti, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 376/302/120B of the Indian Penal Code and Section 4/6 of the POCSO Act.
Petitioner is not named in the FIR.
Submission is that FIR named accused Kamli Devi has already been allowed bail by this Court in Cr. Misc. No.7309 of 2019 and co-accused Karu Kora whose name surfaced in the confessional statement of co-accused has also been allowed bail by a coordinate Bench of this Cout in Cr. Misc. No.1991 of 2019. Learned counsel for the petitioner submits that the police report would show that there is no direct evidence that any
Patna High Court CR. MISC. No.8746 of 2019(3) dt.26-04-2019 2/2 of the named accused was seen coming out from the house where the occurrence allegedly took place and the suspicion is based on old dispute between the parties. Investigation of the case is complete.
Though the offence alleged is very heinous and shocking as three girls were raped and murdered by unknown criminals, however, the allegation is against eight person based on suspicion.
Considering the fact that there is no substantial material disclosing involvement of the petitioner in the crime alleged, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Katoria P.S. Case No.98 of 2018, with condition that petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T