Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17860 of 2023 Arising Out of PS. Case No.-613 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Nand Kishore Singh, Son Of Pramod Kumar Singh @ Pramod Singh, R/O Village- Kanhava, P.S.- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Devi, Wife Of Nawal Kishor Singh @ Jangali Singh, R/O VillageKanhava, P.S.- Bela, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case in which cognizance has been taken under Section 307/34 of the Indian Penal Code.

As per prosecution case, when the informant's minor daughter was returning to her house, four accused persons including petitioner surrounded her and after sprinkling Kerosene Oil on her body, they set her on fire. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.17860 of 2023(2) dt.12-05-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. Complainant is not the eye witness of the alleged offence. During investigation, it transpired that the daughter of the complainant received some accidental burn injuries inside her own house and there is dispute over the partition and share of land and due to these reasons and in order to put pressure upon the accused persons, the prosecution party took advantage of that accidental burn to her daughter and falsely implicated the petitioner and others. After completing investigation police did not find the allegations to be true and submitted final report. The informant had filed a protest petition which was treated as a complaint case. It is further submitted that the petitioner is languishing in judicial custody since 10.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner

Patna High Court CR. MISC. No.17860 of 2023(2) dt.12-05-2023 3/3 is directed to be released on bail in connection with Sitamarhi Complaint Case C1 No. 613 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar Sitamarhi.

(Sunil Kumar Panwar, J) lata/niraj U T