Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25835 of 2021 Arising Out of PS. Case No.-533 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== Ashok Kumar Singh Son Of Late Harikant Singh Resident Of VillageFarhada, P.S.- Barhara (SINHA O.P.), District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Prakash,Adv For the Opposite Party/s :

Mr.Nagendra Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Barhara (Sinha O.P.) P.S.Case No.533 of 2020 registered for the offence under Sections 306 and 34 of the Indian Penal Code. The prosecution case, in short, is that on 08.12.2020 at about 8.00 P.M. the brother of the informant Ravisek Kumar Singh @ Chhotu committed suicide in the house. His father Ashok Kumar and his step mother always keep on beating again and again. They always beat all brothers including informant. On the day of occurrence they have beaten his brother and also

Patna High Court CR. MISC. No.25835 of 2021(3) dt.24-01-2022 2/3 abused him to which he committed suicide. Her step mother also stated after the death of his brother that she will give poison to all his brother.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the present case is a suicide case and not a case of abetment. He further submits that the informant is elder son of the petitioner. Petitioner is in custody since 09.12.2020.

Learned A.P.P. for the State, on the basis of the material available on the record as well as case diary, has fairly submitted that it appears from the case diary that the deceased has committed suicide. He further submits that the petitioner carries two more cases other than the present one. Considering the aforesaid fact , let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ata in connection with Barhara (Sinha O.P.) P.S.Case No.533 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.25835 of 2021(3) dt.24-01-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T