Girish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17385 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Girish Kumar Singh, son of Rameshwar Prasad Singh Resident of Village - Dharampur, Dakhili, P.S.- Tajpur (Halai O.P.), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 15.01.2019 in connection with Tajpur (Halai O.P.) P.S. Case No.219 of 2018 registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. The prosecution case, as per the written report of Meena Devi submitted to S.H.O. Halai P.S., Samatipur is to the effect that the informant was married with the petitioner about 35 years ago but he performed second marriage with one Prema Devi about five years prior to lodging of this case. Thereafter, on the instigation of second wife, petitioner brutally assaulted her causing fracture of bone of waist. It is further alleged that Bikas Kumar Singh and co-accused Abhishek Kumar Singh took away a gold chain, an earring and a silver anklet and

Patna High Court CR. MISC. No.17385 of 2019(2) dt.29-03-2019 2/2 assaulted her minor daughter and drove her out of her matrimonial house.

It is submitted by learned counsel for the petitioner that there is no injury of the informant on record to corroborate the accusation of assault and in fact, she was under treatment of Dr. Ajay Kumar much prior to lodging of this case. It is further submitted that the petitioner is an aged person. Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that the learned Court below has in the impugned order that the informant was present before the Court at the time of hearing and she could not stand on her legs. Considering the nature of accusation, the period under custody and thrust of accusation of assault against the coaccused persons, let the above named petitioner 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 A.C.J.M. Ist, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No.219 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T