Shyam Sundar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33292 of 2021 Arising Out of PS. Case No.-136 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== SHYAM SUNDAR SINGH Son of Navalal Singh Resident of Village - Bardaha, Ward No.4, P.S.- Narpatganj, Distt.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard Mr. Chandra Bhushan Das, learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Narpatganj P.S. Case No. 136 of 2019 registered for the offence punishable under Section 365/34 of the Indian Penal Code 1860. Subsequently, Sections 302, 201 and 120(B) of the Indian Penal Code were added.

The allegation as per the First Information Report is that the grand-daughter of the informant used to live with her maternal grand-mother namely, Siraji Devi, since the age of five years and the informant got knowledge that his grand-daughter Kanchan Kumari aged about 18 years is untraceable since 5.3.2019 and upon search, the informant found the house of

Patna High Court CR. MISC. No.33292 of 2021(2) dt.20-12-2021 2/3 her maternal grand-mother locked which gave suspicion to the informant and he has suspected that accused persons named in the First Information Report, altogether 11 in numbers, have kidnapped the grand-daughter of the informant. During course of investigation, the dead body of the victim was found buried near the bank of river.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of suspicion only, and all other accused persons named in the First Information Report are relatives of the victim girl whereas the petitioner is co-villager having no relation with the victim girl and her family. He next submits that similarly situated coaccused persons who are also named in the First Information Report have been granted bail by co-ordinate Benches of this Court in Cr. Misc. 46435 of 2019, 17140 of 2020 and 29411 of 2020 respectively. The petitioner is in custody since 18.2.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that that the petitioner is in custody since 18.2.2021, charge sheet has already been submitted and similarly situated coaccused persons have been granted bail by co-ordinate Benches

Patna High Court CR. MISC. No.33292 of 2021(2) dt.20-12-2021 3/3 of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 136 of 2019 subject to the following conditions:- (i) that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

ii) that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T