Anil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29975 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- GOH District- Aurangabad ====================================================== ANIL SINGH S/o Nanhe Singh Resident of Village-Udaypura, P.S-Goh, District-Aurangabad (Bihar).
.. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bachan Jee Ojha, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2021 Heard Mr. Bachan Jee Ojha, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.
2. Petitioner apprehends arrest in connection with Goh PS Case No. 06 of 2020 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
3. 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 and the dead body was disposed of with the help of the petitioner and other accused persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29975 of 2020(2) dt.06-01-2021 2/3 petitioner has not committed any offence in the manner alleged and he has got no criminal antecedents. Learned counsel further submits that the petitioner is nephew of husband of the deceased and lives separately in Delhi. It is further submitted that as per First Information Report, there is specific allegation against the husband of the deceased who is in jail custody. Learned counsel next submits that the occurrence has allegedly taken place on 29.12.2019 and the present FIR has been lodged on 06.01.2020. It is also submitted that there is no allegation against the petitioner of torturing or ill-treating the deceased.
5. Learned counsel further submits that other similarly situated co-accused persons, namely, Nanhey Singh and Sudhir Singh @ Sudhir Kumar Singh have been granted bail by this Court in Cr. Misc. No. 22983/2020.
6. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedent and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner.
7. Accordingly, in the event of arrest/surrender before the court below within six weeks from today, petitioner, ANIL
Patna High Court CR. MISC. No.29975 of 2020(2) dt.06-01-2021 3/3 SINGH, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh PS Case No. 06/2020, subject to the condition as laid down under Section 438(2) of the CrPC.
8. It is made clear that at the time of furnishing bail bond, all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T