Ashok Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20323 of 2022 Arising Out of PS. Case No.-129 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Ashok Singh Son Of Late Gulab Singh R/O Village- Kapasiya, P.S.- Aurangabad Mufassil, District- Aurangabad (Bihar) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Leelawati Kumari, Advocate.
For the Opposite Party/s :
Mr.A.G., APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Mufassil P.S. Case No. 129 of 2020 registered for the offences under Sections 302, 201, 120B, 34 of the Indian Penal Code. As per allegation, there was a love affair between the deceased Neeraj Kumar and deceased Amrita Kumari which was not accepted by the family members of Amrita Kumari and the said Amrita Kumari started residing in the house of Neeraj Kumar and when she did not return back despite several attempts made by her family members then the co-accused
Patna High Court CR. MISC. No.20323 of 2022(2) dt.19-07-2022 2/3 persons who were family members of the deceased Amrita Kumari came at the house of Neeraj Kumar and thereafter the co-accused Manish Kumar stabbed Amrita Kumari to death and after that the deceased Neeraj Kumar was also killed by the said Manish Kumar and his family members and thereafter the accused persons and co-villagers made an attempt to dispose of the dead bodies of the deceased persons by burning them but in the mean time police arrived and recovered the half burnt dead bodies from the cremation ground.
The main submissions advanced by learned counsel for the petitioner are that the petitioner is stated to be a covillager of the family members of the deceased persons and as per allegation he simply participated in the cremation of the dead body of the deceased persons except this against him there is no allegation and considering the said fact some co-villagers Anil Singh, Upendra Singh and Pramod Kumar have been considered for bail vide orders passed in Cr. Misc. No. 6492 of 2021 and 44385 of 2021 and one co-accused Manoj Singh @ Rajendra Ram has been considered for anticipatory bail vide order passed in Cr. Misc. No. 13610 of 2021 and petitioner's case stands on similar footing with the said co-accused person. Learned APP appearing for the State has opposed the
Patna High Court CR. MISC. No.20323 of 2022(2) dt.19-07-2022 3/3 bail prayer.
In view of above submissions the petitioner's case appears to be similar with co-accused persons who have been considered for bail by different benches of this Court vide orders passed in above mentioned Cr. Misc. cases. Considering petitioner's case to be similar with said co-accused as well as his custody period, a lenient approach can be taken in respect of petitioner's prayer let the petitioner 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 concerned Court in Connection with Mufassil P.S. Case No. 129 of 2020. (Shailendra Singh, J) sangam/- U T