Satyendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41661 of 2017 Arising Out of PS.Case No. -198 Year- 2015 Thana -DARAUNDHA District- SIWAN ====================================================== Satyendra Singh Son of Bageshwar Singh resident of Village- Jhanjhwa, P.S. Daraunda, District-Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 26.12.2016 in connection with Daraunda P.S. Case No.198 of 2015 for offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his sister was married to the petitioner in the year 2013 and she has a newly born daughter. For demand of motorcycle and gas connection she was subjected to torture by her in laws including the petitioner and was killed and her body disposed of. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.41661 of 2017 (3) dt.10-10-2017 2/3 petitioner that he is innocent and the allegation upon the petitioner and his father Bageshwar Singh is of being part of criminal conspiracy and that the petitioner was not made accused at the time of institution of the F.I.R. and after one and half year he has been made accused in the present case. He submits that the allegation upon all the accused are general and omnibus and there is no allegation against the petitioner. He submits that female child of the deceased which is alleged to be killed by the accused persons has been found alive as is evident from the supervision note and taken care in the matrimonial house of the deceased. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is the husband of the deceased.
Considering the facts and circumstances and the materials on record and that other co-accused have been granted the privilege of bail by this Court, let petitioner, above named, be enlarged 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 Additional Chief Judicial Magistrate-XI, Siwan in connection with Daraunda P.S. Case No. 198 of 2015, subject to the condition that both bailors would be close relative of the petitioner having sufficient
Patna High Court Cr.Misc. No.41661 of 2017 (3) dt.10-10-2017 3/3 immovable property, who will file an affidavit stating their relationship with the petitioner and that petitioner will appear before the learned court below during trial on all dates as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T