Nandjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80797 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Nandjee Singh, aged about 45 years, S/O - Late Bhdokha Singh R/o villageMungaul, P.S. - jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Jagdishpur P.S. Case No. 81/18 registered for the offence punishable under Sections 364/34 of the Indian Penal Code.

Allegation against the petitioner and F.I.R. named accused is to have kidnapped the sister of the informant and, thereafter, killed her to grab her property.

It has been submitted on behalf of the petitioner that he is the brother-in-law (bhaisur) of the deceased and has been falsely implicated in this case only on the basis of suspicion and except suspicion, there is nothing against the petitioner. It has further been submitted that there is no eye witness of the alleged occurrence. Petitioner has got no criminal antecedent and is in custody since 17.11.2018.

Patna High Court CR. MISC. No.80797 of 2018(8) dt.27-02-2019 2/2 Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XI, Ara in connection with Jagdishpur P.S. Case No. 81/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T