Patna High CourtCR. MISC./40646/2017bail granted

Suresh Singh v. The State Of Bihar

2017-09-19Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40646 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -NAYAGAON District- SARAN ====================================================== Suresh Singh, Son of Late Ram Nath Singh @ Ram Anant Singh, R/o Village- Bariyar Chak (Ikipar), P.S. -Nayagaon, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 26.05.2016 in connection with S.Tr.No.644 of 2016, C.I.S. No.695 of 2016, arising out of Nayagaon P.S. Case No.48 of 2016 registered for the offence under Section 302/34 of the I.P.C. and Sections 25(1-b)1, 26, 27, 30 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the present case was lodged at the behest of mischievous persons making the petitioner as accused under Section 302 I.P.C., though it is a case of accident as the deceased died on account of the fact that arms, which were being cleaned by the petitioner, accidentally took a shot at, as a result thereof, the

Patna High Court Cr.Misc. No.40646 of 2017 (2) dt.19-09-2017 2/2 deceased, who was the daughter-in-law of the petitioner, died. Learned counsel for the petitioner submits that the petitioner's wife and son (the husband of the deceased) have already been granted bail. Moreover, the marriage took place nine years back and there is no demand ever for dowry.

In view of the aforementioned statement that the petitioner has been already in custody for over a year, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. VIII, Saran at Chapra, in connection with S.Tr.No.644 of 2016, C.I.S. No.695 of 2016, arising out of Nayagaon P.S. Case No.48 of 2016.

(Anjana Mishra, J) PNM U T