Ram Eqbal Singh @ Ram Ekbal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23689 of 2020 Arising Out of PS. Case No.-112 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== 1.

RAM EQBAL SINGH @ RAM EKBAL SINGH, S/o Ram Shresth Singh, 2.

Bindiya Devi @ Bidya Devi, W/o Ram Eqbal Singh @ Ram Ekbal Singh, Both Residents of Village- Narharpur, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioners is of strangulating

Patna High Court CR. MISC. No.23689 of 2020(3) dt.16-10-2020 2/3 the neck of deceased and thereby caused murder to her and after that they also burnt the dead body.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in FIR and petitioners have no knowledge about the alleged allegation. It has been further submitted the informant has falsely filed this frivolous case against the petitioners knowing very well that her daughter never came at the village of petitioners and also knowing very well that dead body recovered is not the body of victim and the petitioners are old persons. Petitioners are in jail custody since 31.08.2019 and have no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition.

Heard the both parties and perused the entire case record. From perusal of the case diary it is evident that there is allegation against the petitioners that they strangulated the neck of victim and thereby caused murder to her and after that they also burnt the dead body of victim and from record it appears that dead body of victim was recovered in half burnt condition and from post mortem report it is clear that victim was

Patna High Court CR. MISC. No.23689 of 2020(3) dt.16-10-2020 3/3 strangulated and after due investigation I.O. has submitted the chare-sheet against the petitioners.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners are rejected in connection with Jandaha P.S. Case No. 112/2018 from the Court of learned A.C.J.M.-Xith, Vaishali at Hajipur.

This application is dismissed accordingly.

However, the petitioners are at liberty to renew their prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) amitkumar/- U T