Ghanshyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10725 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -BARH District- PATNA ======================================================

1. Ghanshyam Singh Son of Sri Surendra Prasad Singh, r/o Village - Panchshil Nagar, P.S. Barh, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Kumar For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 120 B/34 of the I.P.C Allegedly, Sima Devi having two daughters and one son developed illicit relationship with the petitioner and then she in collusion and conspiracy with the petitioner and other coaccused killed her husband Amal Prasad by strangulating with rope.

Submission is of false implication and that against the petitioner there is no legal and tangible material, during investigation the daughter and son of the deceased have not taken the name of the petitioner and they have specifically stated that earlier also the mother assaulted the father with brick and in the

Patna High Court Cr.Misc. No.10725 of 2016 (3) dt.27-04-2016 2/2 night the father was found dead, the petitioner without any legal and tangible material is suffering in custody, to which the learned A.P.P. opposes by submitting that against the petitioner there is allegation that he had illicit relationship with Sima Devi who helped her in killing her husband.

In the facts and circumstances as stated above, considering that the main culprit is Sima Devi and the name of the petitioner has transpired as conspirator, charge sheet has already been submitted against him and as such 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 Additional Sessions Judge-II, Barh, District- Patna in Sessions Trial No. 789 of 2015 arising out of Barh P.S. Case No. 193 of 2015, 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