Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10039 of 2020 Arising Out of PS. Case No.-31 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== 1.
SUNIL SINGH Son of Nageshwar Singh 2.
Nitish Kumar Son of Babloo Singh both Resident of Village - Raghopur, P.S. Jurawanpur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2020 This case has been heard through video conferencing. Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.
The prosecution case as per the written report of Sushila Devi submitted to the S.H.O., Jurawanpur P.S. is to the effect that the daughter of the informant, Hira Muni Devi (the deceased) was married with Prem Singh, 20 years prior to lodging of the present case. The husband of the daughter of the informant died one year prior to lodging of the present case. It is alleged that on 07.05.2018 at about 01.30 P.M., the informant
Patna High Court CR. MISC. No.10039 of 2020(3) dt.24-06-2020 2/3 received an information that on 06.05.2018, all the accused persons including the petitioners, have killed the daughter of the informant, in order to grab her share of land and have thrown of her dead body into the river Ganga.
It is submitted by learned counsel for the petitioners that it is not in dispute that the daughter of the informant, Hira Muni Devi was married with the brother of the petitioner, Prem Singh but Hira Muni Devi has illicit relationship with one, Chandan Singh, as a result, she was kidnapped by the Chandan Singh, leading to registration of FIR by Prem Singh, i.e., the husband of the Hira Muni Devi against Chandan Singh and others, being Jurawanpur P.S. Case No. 42 of 2016 with accusation punishable under Sections 363 and 365 of the IPC. It is also submitted that after the death of Prem Singh, the husband of the Hiram Muni Devi, she along with her children started residing with Chandan Singh who used to pressurize her to execute the deed with regard to the property share of her husband, in his favour.
Patna High Court CR. MISC. No.10039 of 2020(3) dt.24-06-2020 3/3 killed his mother. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned counsel for the petitioners submits that similarly situated co-accused have been granted bail by coordinate Benches of this Court in Cr. Misc. No. 65041 of 2018 on 15.04.2019 and in Cr. Misc. No. 35832 of 2019 on 10.12.2019.
Considering the suspicious nature of accusation and materials on record suggest the involvement of Chandan Singh and Kishun Singh in the murder of the victim, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 8th, Vaishali at Hajipur, in connection with Jurawanpur P.S. Case No.31 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjani Kumar Sharan, J) devendra/- U