Ramji Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25640 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== RAMJI SINGH Son of Late Panna Singh Resident of Village- Telihar, Police Station- Beldour, District- Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-11-2021 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 16.10.2020 aged about 70 years prays for regular bail in connection with Beldour P.S. Case No. 59 of 2020 registered for offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case in brief is that the deceased was married to the son of the petitioner 10 years ago. On 21.03.2020 at about 12 noon, informant received information regarding death of his sister Sajan Kumari (deceased). It has been alleged that all the accused persons including the petitioner have jointly killed the sister of the informant and disappeared her dead body. It has further been alleged in the FIR that the two minor children
Patna High Court CR. MISC. No.25640 of 2021(2) dt.26-11-2021 2/3 aged about 8 years and 6 years of the deceased have also confirmed about the death of her mother and carrying her dead body by Bolero vehicle to dispose it of by all the accused persons.
Learned counsel on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that he has no connection with his son or his daughter-in-law (deceased) as they were living separately. It has further been submitted that there is no eye witness to the alleged incident and the allegation made in the FIR is general and omnibus. It has further been submitted that petitioner has voluntarily surrendered on 16.10.2020 and since then he is in custody. Learned counsel on behalf of the petitioner further submits that petitioner has clean antecedent and taking his age he may be released on bail.
Learned A.P.P. on behalf of the State prays that this is not a fit case in which the petitioner is to be released on bail. Having considered the submission made by learned counsel on behalf of the petitioner, general and omnibus allegation made against the petitioner and in want of any eye witness to the alleged crime, let the petitioner above named, be released on bail upon furnishing bail bond of Rs. 20,000/-
Patna High Court CR. MISC. No.25640 of 2021(2) dt.26-11-2021 3/3 (Rupees twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Khagaria in connection with Beldour P.S. Case No. 59 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T