Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28414 of 2023 Arising Out of PS. Case No.-99 Year-2021 Thana- MANJHI District- Saran ====================================================== AJIT SINGH S/O RAMPUKAR SINGH R/O Village- Majhanpura, P.SManjhi, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Manjhi Case No.99 of 2021 instituted under Section 302/304B/34 of the IPC lodged on 01.04.2021 by the informant Chhatrapati Singh.

As per the prosecution story, the lady was married to the petitioner in 2003, gave birth to a female child who is now 15 years old. On 01-04-2021, he got information that the informant's daughter has got burn injury and she succumbed to the said injuries. The informant has suspicion that she has been killed.

The police investigated the matter and submitted charge sheet under Section 306 of the IPC.

Learned counsel for the petitioner has taken this Court to deposition of the daughter of the victim girl under Section

Patna High Court CR. MISC. No.28414 of 2023(3) dt.18-08-2023 2/3 164 of the Cr.P.C. in which she has narrated that she along with her late mother were in the house and while cooking, she got burn injuries. She immediately called the locals who came but by that time she had suffered and ultimately died. Learned APP opposes the prayer for bail but concede that the daughter has given the statement otherwise. Considering the aforesaid facts on record, the submissions of the petitioner, is in custody since 20.03.2023, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Manjhi Case No.99 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.28414 of 2023(3) dt.18-08-2023 3/3 police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T