Ram Ekbal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31878 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ====================================================== Ram Ekbal Singh, Son of Late Basudeo Singh, Resident of village-Ghoshi, P.S.- Paras Bigha, District-Jehanabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kunwar Digvijay Singh, Advocate For the Opposite Party : Mr. Surendra Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Parasbigha P.S. Case No. 66 of 2015 registered for the offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

After getting information that Sonam Devi, Bhagni of the informant has been killed at Sasural, he went there and the two sons of Sonam Devi, namely, Kisan Kumar and Gulsan Kumar, aged about 5 years and 3 years told the informant that grandmother has assaulted their mother with lathi- danda and father Ram Ekbal Singh and others have sprinkled kerosene oil and father burnt her causing her death and further her dead body was also made traceless.

Submission is of false implication and that during investigation, the statement of Kisan Kumar aged about 7 years,

Patna High Court Cr.Misc. No.31878 of 2016 (3) dt.17-09-2016 2/2 the son of the deceased, has been taken wherein he has stated that his mother committed suicide by burning herself. She was being brought for treatment but she died and then her dead body was cremated in the garden and as such, the petitioner suffering in custody since 18.03.2016 now deserves sympathetic consideration. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned APP opposes the prayer of bail.

In the facts and circumstances stated above and considering the statement of Kisan Kumar vide para-8 of the case diary, the petitioner shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Chandan Kumar, learned Judicial Magistrate, Ist Class, Jehanabad in connection with Parasbigha P.S. Case No.66 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) ravi/- U T