Ram Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42425 of 2021 Arising Out of PS. Case No.-411 Year-2014 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAM NARAYAN SINGH, Son of Chaturgun Singh, Resident of Village - Akawani, P.S.- Sonhan, District - Kaimur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma, Advocate.
For the Opposite Party/s :
Mr.Kanhaiya Kishore, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-04-2022 Heard the parties.
Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.
The petitioner seeks regular bail in connection with Sonhan P.S. Case No. 411 of 2014 for the offence punishable under Sections 302/201/34 of the Indian Penal Code. Prosecution story, in brief, is that the sister of the informant was married 17 years ago with the petitioner, but there was no child from the wedlock. Due to this, the petitioner and his family members used to torture her sister. On 20.07.2014, when the informant went to meet her sister in her matrimonial house, he was informed that her sister had fled
Patna High Court CR. MISC. No.42425 of 2021(5) dt.12-04-2022 2/3 away. Later, he came to know that her sister has been killed by the petitioner and his family members.
Learned counsel for the petitioner submits that the petitioner is the husband of the missing sister of the informant. He submits that though the anticipatory bail application of the petitioner was rejected vide order dated 30.06.2015 passed in Cr. Misc. No. 51869 of 2014, there was no question of his being apprehended and had gone outside the State to earn his livelihood. Petitioner has clean antecedent. He is in custody since 21.01.2021. The petitioner has been made accused merely on the basis of suspicion. Till date the wife of the petitioner is missing.
Learned APP has opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts, the nature of allegation made in the F.I.R. against the petitioner and the material which has surfaced in course of investigation, merely on the basis of suspicion petitioner has been made accused in this case, however taking into consideration the very fact that the petitioner even after rejection of his anticipatory bail has not surrendered before the court below and remained absconding, it would in the interest of justice that after undergoing six months
Patna High Court CR. MISC. No.42425 of 2021(5) dt.12-04-2022 3/3 of further custody, the petitioner may renew his prayer for bail, if so advised.
Any observation of this Court will not affect the conduct of the trial in any manner. The trial court shall proceed without being prejudiced by any observation made in this order. Accordingly, this application stands disposed of. (Purnendu Singh, J) mantreshwar/- U T