Anil Singh @ Anil Samrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34540 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- SURYAPURA District- Rohtas ====================================================== Anil Singh @ Anil Samrat S/O Paras Singh R/O Village Pawara, P.SSurajpura, District-Rohtas (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Supplementary affidavit has been filed on behalf of the petitioner.

The petitioner seeks bail in connection with Surajpura P.S.Case No.161 of 2020 registered for the offence under Sections 302,201 and 34 of the Indian Penal Code. The prosecution case, in short, is that the informant has full confident that the petitioner, with help of his brothers Sunil Singh, Anant Singh and other villagers, committed murder of his daughter Sakshi Kumari and with intent to disappear the evidence, they were burning the dead body in Baghar towards north of village.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.34540 of 2021(5) dt.23-02-2022 2/3 that the petitioner has falsely been implicated in the present case. In fact as per allegation the petitioner has killed the deceased and the deceased is own daughter of the petitioner. He further submits that there is no eye witness of the alleged occurrence. Only on the basis of suspicion, the petitioner has been implicated in the present case. He further submits that during investigaiton nothing has come against the petitioner and the police, after investigaiton, submitted chargesheet against the petitioner and the petitioner is in custody since 13.11.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bikramganj, Rohtas in connection with Surajpura P.S.Case No.161 of 2020 with the following conditions:-

(1) 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

Patna High Court CR. MISC. No.34540 of 2021(5) dt.23-02-2022 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T