Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11623 of 2015 Arising Out of PS.Case No. -112 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Pintu Singh son of Late Bindeshwari Singh resident of village- Parora, Police Station- sahebpur Kamal, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with S.Kamal Police Station Case No. 112 of 2014 registered for the offences punishable under Sections 363 and 364 of the Indian Penal Code. The above stated S. Kamal Police Station Case No. 112 of 2014 was registered against unknown on 30.04.2014 and on the same day after institution of the present case, Skeleton and one Gumcha were recovered. In course of investigation, the witnesses stated that the recovered Gumcha was of one Shyamdeo Singh, who later on gave a petition to officer-in-charge of S.Kamal Police Station disclosing this fact that his Gumcha was taken away by deceased on 14.04.2014.

Patna High Court Cr.Misc. No.11623 of 2015 (3) dt.18-05-2015 2/3 Subsequently, the statement of aforesaid witness Shyamdeo Singh was recorded under section 164 of the Cr.P.C in which he claims to have seen the petitioner and his mother taking away the deceased on the alleged date of occurrence. Learned counsel appearing for the petitioner submits that had the aforesaid witness Shyamdeo Singh seen the deceased taken away by the petitioner and co-accused, he would have certainly disclosed the aforesaid fact to the informant either before institution of the present case or at the time of lodging of this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the learned Judicial Magistrate 1st class, Begusarai in S.Kamal Police Station Case No. 112 of 2014 , subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T

Patna High Court Cr.Misc. No.11623 of 2015 (3) dt.18-05-2015 3/3