Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12955 of 2020 Arising Out of PS. Case No.-282 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== DILIP SINGH Son of Late Musharu Singh Resident of Village - Harpur, P.S.- Shahkund, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Shahkund P.S. Case No. 282 of 2019, disclosing offence under Sections 302,120B/34 of the Indian Penal Code. As per the case of the prosecution, the informant's son ( the deceased) and petitioner's daughter were married to each other. It is alleged in the FIR that the in-laws of the informant's son indiscriminately assaulted him on 29.10.2019 because of which he died. It is clear from the FIR that the deceased was taken to Hospital by his in-laws. It is alleged in the FIR that the deceased was taken to the Hospital under the pressure of the covillagers of the named accused persons. All the family members have been made accused.

Patna High Court CR. MISC. No.12955 of 2020(3) dt.03-03-2020 2/3 Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 30.10.2019 and the investigation has been completed by the police. He has drawn my attention to the statement made in paragraph 10 of the application, wherein it has been stated that charge-sheet has been submitted under Sections 306/34 of the Indian Penal Code and other provisions but not under Section 302 of the Indian Penal Code. He has further submitted that the informant is admittedly not an eye-witness to the occurrence and the allegation that the in-laws of the deceased killed the deceased is imaginary.

Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail and has submitted that considering the gravity of the offence, the petitioner should not be allowed regular bail. Considering the fact that the investigation is complete to the extent the same relates to the petitioner, as stated in the application leading to filing of the charge-sheet against him under Section 306 of the Indian Penal Code, in my opinion, a case for grant of regular bail is made out. This application is allowed.

Let the petitioner above-named be released on bail on

Patna High Court CR. MISC. No.12955 of 2020(3) dt.03-03-2020 3/3 furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bhagalpur in Shahkund P.S. Case No. 282 of 2019.

(Chakradhari Sharan Singh, J) arun/- U