Dipak Kumar Singh @ Deepak Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.28307 of 2015 (3) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28307 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Dipak Kumar Singh @ Deepak Kumar Singh son of Late Lalan Singh Resident of Village - Amra, P.S. - Konch, District - Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh For the Opposite Party : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the application. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 354(A), 498A, 379, 504/34 of the Indian Penal Code and Sections 3/4 of the Witch Practice Act. The prosecution case is that after death of the husband of the informant, the petitioner and other accused persons started torturing her mentally and physically and they used to called her witch.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is in armed force and he is residing at the place of his posting. He has

Patna High Court Cr.Misc. No.28307 of 2015 (3) dt.30-09-2015 got no concern with the informant. The present case has only been filed after the death of the husband of the informant for the purpose of getting a partition in the family. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released 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 CJM, Bhojpur at Ara in connection with Mahila P.S.Case No.23 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T