Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42978 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Surendra Singh Son of Jhingur Singh @ Uday Narayan Singh Resident of Village- Rampur, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Sufyan, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Kateya P.S. Case No. 252 of 2020 instituted for the offences under Sections 302, 201(B) and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 02.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant (Sangeeta Devi) alleges that her husband (deceased) was having illicit relationship with her younger sister, Rinki Kumari and whenever her husband used to come from abroad, he used to go to meet Rinki Kumari. Further, that on 07.08.2020

Patna High Court CR. MISC. No.42978 of 2021(2) dt.07-02-2022 2/3 her husband came from abroad and went to informant's home (matrimonial place) to meet Rinki and fled with her, which caused anger in the family of Rinki and accordingly it is alleged that the petitioner along with Santosh Singh, Gopichand Singh and few villagers started searching the husband of the informant and on 09.08.2020, all co-accused including the petitioner caught and assaulted her husband who died.

Learned counsel for the petitioner submits that petitioner is a co-villager of the family members of the informant and since the deceased and Rinki were caught by Khagaul Police after they fled, as such this petitioner had taken the family members of Rinki to the Khagaul Police Station by his Bolero, when the deceased out of shame jumped from the Bolero when the family members of the informant said that a panchayati would be held in presence of the informant and the brother-in-law of the deceased. Learned counsel further submits that co-accused Indradew Singh @ Indradeo Singh and Prabhawati Devi have been granted bail vide order dated 07.02.2022 in Cr. Misc. No. 41278 of 2021 and relies on the submission made in the said case.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.42978 of 2021(2) dt.07-02-2022 3/3 Considering the fact that the petitioner is in custody since 02.03.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and taking into consideration the submission of the learned counsel for the petitioner in Cr. Misc. No. 41278 of 2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 252 of 2020.

(Satyavrat Verma, J) Rishi/- U T