Ram Janam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32827 of 2022 Arising Out of PS. Case No.-562 Year-2016 Thana- HILSA District- Nalanda ====================================================== 1.

RAM JANAM SINGH SON OF LATE CHAMROO SIGH RESIDENT OF VILLAGE- BALBHADRA SARAI, P.S.- HILSA, DISTRICT- NALANDA 2.

SIHANTA DEVI WIFE OF RAMJANAM SINGH RESIDENT OF VILLAGE- BALBHADRA SARAI, P.S.- HILSA, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 447, 326, 307/34 of the IPC.

As per the prosecution case, petitioner no. 2 poured kerosene oil on the body of the informant and petitioner no. 1 set her on fire due to previous enmity.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. After investigation police has submitted final form against these petitioners. No motive has been assigned to petitioners as to why, they committed the occurrence. The deceased sustained 90% burn injury and it was not possible for her to give fardbeyan either before the police or any other authority which was supported by the doctor during

Patna High Court CR. MISC. No.32827 of 2022(3) dt.05-12-2022 2/2 investigation. As a matter of fact petitioner no.1 has lodged a case bearing Hilsa P.S. Case No. 128 of 2011 against the father of the informant namely Yogendra Singh in which three boys including the son of the petitioner were killed. Petitioners have got no criminal antecedent.

Learned counsel appearing for the State and the informant vehemently opposes the prayer for bail and submits that there is dying deceleration against these petitioners and the deceased had categorically stated that these petitioners burnt her to death.

Considering the fact that police after investigation submitted final form, in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released on 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 ACJM-I Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 562 of 2016 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) asmit/- U T