Rajiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8844 of 2015 Arising Out of PS.Case No. -37 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Rajiv Kumar Singh S/o Late Raghunath Singh Resident of village - Gangwa Post Office - Sidhwalia Police Station - Sidhwalia District - Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mishra For the Opposite Party/s : Mr. Anil Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 328, 302, 201 and 34 of the I.P.C Allegedly, Punam Devi, daughter of the informant was married with the petitioner in the year 1999 and out of the wedlock two female children have been born and due to that daughter of the informant was being tortured and by administering poison she was killed and further her dead body was also cremated.

Submission is of false implication and that no such occurrence has taken place. Wife of the petitioner was ill and she was suffering from several ailments. She was treated by the doctor but she was not saved. The informant and his family members

Patna High Court Cr.Misc. No.8844 of 2015 (2) dt.10-04-2015 2/2 have attended the funeral ceremony but thereafter the informant lodged this false case after two days. The two minor daughters of the deceased have stated in their statements recorded under section 164 Cr.P.C. that their mother was brought to the hospital due to illness and during treatment she died and there was no cruelty in the house and they want to live with their father and uncle. The learned A.P.P. after going through the statements recorded under section 164 Cr.P.C. vide Annexures- 2 and 3 does not oppose prayer for bail.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of .J.M. 1st Class, Gopalganj in Sidhwalia P.S. Case No. 37 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T