Sumit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47216 of 2015 Arising Out of PS.Case No. -132 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Sumit Singh Son of Sadanad Singh, resident of Village- Bhor, P.S.- Khaira, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner prays for anticipatory bail in a case registered under Sections 302, 201 and 34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that the marriage of the step brother of the petitioner had taken place with the deceased lady admittedly 17 years back and thereafter they used to reside with the husband and father-in-law at Ranchi, as it is admitted case of the informant also. It is thus submitted that there was no occasion that if the deceased had been murdered by the accused persons they would have brought her as far away to village home in the district of Jamui and cremated her there as has been alleged in the first information report. It is further submitted that the petitioner does not reside with his father

at Ranchi, rather he resides at his village home in Jamui District and in any case he would have nothing to do with the family of his step brother and he has been falsely roped in the matter without justified reason. It is also submitted that the entire case appears to have been concocted and several witnesses during the investigation have also stated that the deceased fell from the stair and died, which appears to be the correct position. It is stated that the husband of the deceased, namely, Dablu Singh, has already been granted bail by this Court by order 13.10.2015 passed in Cr. Misc. No.46072 of 2015.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Sumit Singh, in the event of his arrest/surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri U.K. Pandey, Judicial Magistrate, Ist Class, Jamui in connection with Khaira P.S. Case No.132 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/-

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