Nanhey Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22983 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- GOH District- Aurangabad ====================================================== 1.
NANHEY SINGH Son of Raja Singh Resident of Village-Udaypura, P.S.- Goh, District-Aurangabad.
2.
Sudhir Singh @ Sudhir Kumar Singh Son of Nanhe Singh Resident of Village-Udaypura, P.S.-Goh, District-Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Dr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2020 Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioners and Dr. Rabindra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioners apprehend arrest in connection with Goh P.S. Case No. 06 of 2020 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The prosecution story in brief lodged by one Lalita Devi is that her sister in-law (Nanad) namely, Sarita Devi was married to one Jagarnath Singh about 15-20 years back and she was issueless. It has further been alleged that on 29.12.2019 the husband of the deceased Sarita Devi killed her by strangulation
Patna High Court CR. MISC. No.22983 of 2020(2) dt.25-09-2020 2/3 and the dead body was disposed of with the help of the petitioners and other accused persons.
Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have got no criminal antecedents. Learned counsel further submits that the petitioners are brother-in-law (Dewar) and nephew of husband of the deceased. They are living separately from the family of the deceased and as per the First Information Report there is specific allegation against the husband of the deceased who is in jail custody. Learned counsel further submits that the occurrence has allegedly taken place on 29.12.2019 and the present First Information Report has been lodged on 6.1.2020. Learned counsel also submits that there is no allegation against the petitioners of torturing or ill-treating the deceased.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioners have got no criminal antecedents, I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.22983 of 2020(2) dt.25-09-2020 3/3 bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Goh P.S. Case No. 06 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T