Santosh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56318 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Santosh Kumar Singh, son of Sukhdeo Singh, resident of Village- Karai Sarpati Tola, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2018 Heard the counsels for the parties.
The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 53 of 2016 dated 24.03.2016 instituted for the offences under Sections 302, 201/34 of the Indian Penal Code.
The deceased was called by one Pankaj Kumar Singh and was taken to some place on a motorcycle. Later, aforesaid Pankaj Kumar Singh informed the informant, who is the father of the deceased that the deceased has met with an accident. On such information, the informant went to the place of occurrence and found that the motorcycle of the deceased had met with an accident and the deceased was lying dead on the road. It later came to light during the course of investigation that the
Patna High Court Cr.Misc. No.56318 of 2017 (4) dt.09-01-2018 2/3 deceased while running his electrical shop at Samastipur had become close to one Supriya, daughter of Tekendra Singh with whom he wanted to marry. The aforesaid relationship of the deceased with Supriya was not liked by her father Tekendra Singh and the deceased was threatened that in case he continued his relationship with his daughter, he would face dire consequences. Mr. Ajit Singh, learned counsel for the petitioner has submitted that in the F.I.R, the petitioner has not been named. However, in the further statement of the informant which has been recorded in para 14 of the case diary, it has been stated by the informant that while the deceased and one Manoj Kumar Singh were coming back from Samastipur, they were accompanied by this petitioner also.
It has further been submitted that petitioner has no concern either with Tekendra Singh or had any reason to cause the death of the deceased. The implication of the petitioner is only on the basis of suspicion. The petitioner is in custody since 12.09.2017 and does not bear any criminal antecedent. One Manoj Kumar Singh, one of the co-accused of this case has already been granted bail by a Bench of this Court vide order dated 07.12.2017 passed in Cr. Misc. No. 56930 of 2017.
Taking into account the aforesaid facts, this
Patna High Court Cr.Misc. No.56318 of 2017 (4) dt.09-01-2018 3/3 Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 53 of 2016.
(Ashutosh Kumar, J) Shageer/- U T