Prasidh Singh @ Prasidh Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31519 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Prasidh Singh @ Prasidh Narayan Singh, Son of Rajendra Singh, Resident of Village - Silar, P.S. Mufassil, District - Aurangabad. 2.

Kajal Devi @ Kajali Devi, Wife Of Prasidh Singh @ Prasidh Narayan Singh, Resident Of Village - Silar, P.S. Mufassil, District - Aurangabad. 3.

Rajendra Singh, Son of Late Kameshwar Singh, Resident of Village - Silar, P.S. Mufassil, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Narayan Singh, Advocate For the State :

Mr. Gauri Shankar Gupta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 302 and 201 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons in connivance with one another strangulated Abhinay Singh to death under conspiracy and disappeared the

Patna High Court CR. MISC. No.31519 of 2022(4) dt.23-02-2023 2/3 dead body to grab the property of the deceased. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is a delay of 7 days in lodging the F.I.R from the date of occurrence and no plausible explanation is given. He has further submitted that the petitioner no. 1 and 2 are the father and the step mother of the deceased wherein the petitioner no. 3 is the grand-father of the deceased. The informant in his statement recorded u/s 164 Cr.P.C. has stated that the deceased was his bhagna and he died of disease. The other co-accused persons have already been granted bail by this Court vide order dated 20.02.2023 passed in Cr. Misc. No. 32238 of 2022. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.31519 of 2022(4) dt.23-02-2023 3/3 concerned, Aurangabad in connection with Aurangabad Mufasil P.S. Case No. 61 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T