Bipin Prasad Singh @ Bipin Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.5510 of 2017 (2) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5510 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Bipin Prasad Singh @ Bipin Kumar, S/o Bindeshwar Mahto, resident of Village- Bibhutipur, Police Station- Bibhutipur, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abhimanyu Sharma For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.09.2016 in connection with Bibhutipur P.S. Case No. 214 of 2016 for the offences alleged under Sections 302, 201 and 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he is said to have assisted in the treatment of his sister's sister-in-law who is said to have had relations with the deceased. Except this fact, there is no other material to connect the petitioner with the alleged offence. Petitioner is not named in the F.I.R. and claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.5510 of 2017 (2) dt.10-02-2017 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Bibhutipur P.S. Case No. 214 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T