Keshav Prasad Singh @ Keshav Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25369 of 2016 Arising Out of PS.Case No. -55 Year- 2007 Thana -KUTUMBA District- AURANGABAD ====================================================== Keshav Prasad Singh @ Keshav Pd. Singh S/o Late Munna Singh resident of Village- Simri Khurd, P.S.- Kutumba, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, advocate For the Opposite Party/s : Mr. S.M. Rahman, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and the State. The petitioner , who happens to be father of the deceased, apprehends his arrest in a case under sections 302, 120B, 498A of the Indian Penal Code.

The informant, who is wife of the deceased, alleges that the petitioner and his family members tortured and ultimately killed her husband when he opposed them from demanding dowry from her.

The petitioner submits that there could be no reason as to why he would kill his son. He next submits that the police found the case false against the petitioner and submitted final form in his favour. However, the learned Magistrate differed with the police report and took cognizance of the office under section 304 and 120B of the Indian Penal Code. Further, the instant

Patna High Court Cr.Misc. No.25369 of 2016 (2) dt.04-07-2016 case has been lodged three months after the occurrence and charge sheet accused Upendra Singh and others have already been allowed anticipatory bail vide order dated 6.10.2010, passed in Cr.Misc.No. 30466 of 2010.

In the facts and circumstances of the case, in the event of arrest/surrender, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Kutumba Police station Case No. 55 of 2007.

Petitioner would not be absent physically for two consecutive dates at a stretch till two witnesses are examined in the trial.

Shashi.

(Samarendra Pratap Singh, J) U T