Jawahar Lal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.33739 of 2014 (3) dt.20-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33739 of 2014 Arising Out of PS.Case No. -110 Year- 2012 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== JAWAHAR LAL SINGH, S/O SURESH SINGH, RESIDENT OF VILLAGE - KADMA P.S. RAJEPUR, DISTRICT - MOTIHARI. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. B.M.P.Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 110 of 2012 registered under Sections 302 and 324/34 of the Indian Penal Code.

The allegation of informant is that in the morning her husband, Dinesh Pandit, had gone in the field for making edge to sow maize crops and also directed the informant to send sons as well as labour after some time. Thereafter, informants' sons went in the filed and found that their father has been killed causing injury by the spade. The informant raised suspicion against Deo Nandan Singh and his family members along with six others including the petitioner in the murder of her husband stating that two years earlier in the adjacent of the land of Deo Nandan Singh her husband has purchased the land.

Patna High Court Cr.Misc. No.33739 of 2014 (3) dt.20-05-2015 Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is no eye witness of the occurrence and the petitioner, who is the Patidar of Deo Nandan Singh, has falsely been implicated in this case due to dirty village politics. It is further submitted that in course of investigation informant in her re-statement has also raised suspicion against one Manohar Lal Singh, saying involvement in the murder of her husband.

Learned A.P.P. appearing on behalf of the State submits that in the case diary which is up to paragraphs 54, dated 02.02.2015, except suspicion there is nothing against the petitioner.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, in connection with Rajepur P.S. Case No. 110 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T