Prem Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12888 of 2015 Arising Out of PS.Case No. -75 Year- 2004 Thana -BIHIYA District- BHOJPUR ====================================================== PREM KUMAR SINGH SON OF NAND KISHORE SINGH, RESIDENT OF VILLAGE- TIYAR, P.S.- TIYAR, DISTRICT- BHOJPUR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s : Mr. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Indecent conduct of petitioner along with others with a dancing girl was protested by the prosecution party on account of which, on an order of Kamal Singh, petitioner Prem Kumar Singh fired from his rifle causing instantaneous death of son of Brij Kumar Yadav. It is apparent from the order impugned that petitioner was not sent up for trial however, during course of trial in terms of Section 319 of the Cr.P.C. petitioner along with others has been summoned. Though there happens to be direct allegation against him at an initial stage however, taking into account the subsequent development as stated above, petitioner Prem Kumar Singh is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge, IVth,

Patna High Court Cr.Misc. No.12888 of 2015 (2) dt.07-05-2015 Bhojpur at Ara in connection with Sessions Trial No.175 of 2006 arising out of Bihiya P.S. Case No.75 of 2004 in the event of his arrest / surrender within four weeks in terms of condition so laid down under Section 438(2) Cr.P.C. (Aditya Kumar Trivedi, J.) PN/- U T