Laljee Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.54508 of 2016 (3) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54508 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Laljee Singh, son of Late Ram Chandra Singh, resident of VillageHarnahi, P.O.- Bimawan, P.S.- Jagdishpur, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Chandra, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.08.2016 in connection with Jagdishpur P.S. Case No. 74 of 2016 for the offences alleged under Sections 341, 342, 323 and 307/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the brother of Ram Ayodhya Singh in whose house the informant's son had been locked and later died. The petitioner claims to be living separately from his brother Ram Ayodhya Singh. There is no eye witness to the occurrence. There is inordinate delay of about ten days in instituting the F.I.R. on 22.02.2016 for the alleged occurrence of 12.02.2016 and further delay of another three days in sending the F.I.R. before the Court. Petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.54508 of 2016 (3) dt.10-02-2017

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Bhojpur at Ara, in connection with Jagdishpur P.S. Case No. 74 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned (Vikash Jain, J) Md. Ibrarul/Chandran U T