Vijay Singh @ Bijo Singh @ Bijay Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27943 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -BELHAR District- BANKA ======================================================

1. Vijay Singh @ Bijo Singh @ Bijay Pd. Singh S/o Late Karu Singh Resident of Village- Bahorana, Police Station- Belhar (khesar) DistrictBanka .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Mukherjee, Adv. For the Opposite Party : Mr. Ram Bilash Roy Raman, APP 49 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard the learned counsel for the petitioner, the informant and the learned Additional Public Prosecutor The petitioner, who is not named in the first information report, apprehends his arrest in Belhar (Khesar) P.S. Case No. 144 of 2016 (G.R. No. 1022 of 2016) under Sections 147, 148, 149, 341, 324, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The informant is the daughter-in-law of the deceased. The informant named nine persons and alleged that they assaulted her father-in-law and other family members, but, after the death of Kapildeo Singh, wife of Kapildeo Singh, who is also injured, disclosed the name of the petitioner and she named 17 persons although only nine persons are named in the first information report.

The learned counsel for the informant as well as the Additional Public Prosecutor, however, vehemently opposed the prayer for anticipatory bail.

It appears that the informant named only nine persons and even in her subsequent statement did not name the petitioner,

Patna High Court Cr.Misc. No.27943 of 2016 (2) dt.02-09-2016 but, after the death of Kapildeo Singh, the mother-in-law of the informant and the wife of Kapildeo Singh simply named the petitioner along with seven other accused persons who were not named in the first information report, but, no specific allegation of assault has been made against the petitioner. Considering the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Belhar (Khesar) P.S. Case No. 144 of 2016 (G.R. No. 1022 of 2016) to the satisfaction of Sri A.K. Gupta, Sub Judge III-cum-Additional Chief Judicial Magistrate, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √