Raj Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10239 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== RAJ KISHOR SINGH S/o Late Rambalak Singh @ Ramsakal Singh resident of village-Jagdawan Chhapra, P.S-Kathaiya, Distt.-Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kathaiya P.S. Case No. 245 of 2018 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant is the Chaukidar of the village, who in his written complaint has stated that he learnt from villagers that the petitioner in connivance with his son has killed his daughter in law and are going for cremation, upon which FIR was registered against petitioner and others.

It has been submitted that petitioner has been falsely implicated on suspicion and hearsay. Family members of deceased were also present at the time of cremation, although

Patna High Court Cr.Misc. No.10239 of 2019(2) dt.20-02-2019 2/2 they have not raised any suspicion against petitioner and his family. Petitioner is father in law of deceased having no criminal antecedent and he is in custody since 09.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II (West), Muzaffarpur, in connection with Kathaiya P.S. Case No. 245 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T