Ram Vinay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15093 of 2017 Arising Out of PS.Case No. -46 Year- 2016 Thana -CHAURI District- BHOJPUR ====================================================== Ram Vinay Singh, Son of Late Jhagaru Singh, Resident of Village-Akodha, Police Station-Chauri, District-Bhojpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Chauri P.S. Case No. 46 of 2016, registered under Sections 302, 201, 120-B/34 of the Indian Penal Code.
The accusation is that Dharmendra Kumar aged about 15 years, son of the informant, was accompanied by the petitioner and his son Omkar Singh for job at J.C.B. In the night, petitioner, his son Omkar Singh and others named in the F.I.R. under conspiracy, pressed his son by the JCB in which he died and threw the dead body in the ditch. On 21.05.2016, in the morning, villagers saw the dead body of son of informant in Bahiar and raised hulla then the informant and others reached there and saw that one tractor driver was fleeing with the tractor,
Patna High Court Cr.Misc. No.15093 of 2017 (3) dt.10-05-2017 2/2 then the tractor driver was apprehended with the help of the villagers, who disclosed his name Ram Vinay Singh (Petitioner). Learned counsel for the petitioner submits that while allegation has been made about carrying of deceased, son of the informant, by this petitioner for taking service at his JCB, but petitioner has no JCB, rather, he has a tractor. Further submission is that from perusal of the F.I.R. and Case diary, it would appear that there is no eye-witness of the occurrence and the dead body of the deceased was not found in the ditch of field, rather the same was found in market. Further submission is that earlier the prayer for bail of the petitioner was rejected by a Bench of this Court for the present and now the petitioner is in custody since 21.05.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 6th Addl. Sessions Judge, Bhojpur, Ara in connection with Chauri P.S. Case No. 46 of 2016. (Rajendra Kumar Mishra, J) manish/- U T