Prem Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33677 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- JIRADEI District- Siwan ====================================================== PREM SAGAR SINGH Son of Ramadhar Singh Resident of Village - Nandpali, P.S.- Ziradei, Dist.- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37819 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- JIRADEI District- Siwan ====================================================== PINKI DEVI @ PRITI SINGH Wife of Prem Sagar Singh Resident of Village- Nandpali, P.S.- Ziradei, District- Siwan. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33677 of 2019) For the Petitioner/s :

Mr.Mukesh Kant For the Opposite Party/s :

Mr.Shailendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 37819 of 2019) For the Petitioner/s :

Mr.Mukesh Kant For the Opposite Party/s :

Mr.Kanhaya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2019 Heard learned counsel for the parties.

Both the cases arises out of the same P.S.case number. Petitioner of Cr. Misc. No.33677 of 2019 is the husband and the petitioner of Cr. Misc. No.37819 of 2019 is the second wife of the petitioner of Cr. Misc. No.33677 of 2019 , as such both the cases are being taken together and disposed of by a common

Patna High Court CR. MISC. No.33677 of 2019(4) dt.02-08-2019 2/3 order.

Petitioners of both the cases are apprehending their arrest in connection with Ziradei P.S.Case No.1 of 2019, registered for offences punishable under Sections 498A/304B/201/34 of the Indian Penal Code.

Allegation against the petitioner of Cr. Misc. No.33677 of 2019 who happens to be husband of the deceased is of setting her on fire due to which she died.

Submission of the learned counsel for the petitioners is that she was suffering from several type of diseases and due to that she committed suicide and the petitioners were not present in the village at that time. They have been falsely implicated int his case. It is also submitted that during the investigation the Senior Police Officer has found the case under Section 306 of the Indian Penal Code and the witnesses during the investigation have not supported the prosecution case and stated that on hullla they reached there and saw the deceased burning thereafter they thrown water on the dead body and their statement also disclosed that they thereafter informed petitioners and father of the deceased and on information the petitioners and father of the deceased came and the dead

Patna High Court CR. MISC. No.33677 of 2019(4) dt.02-08-2019 3/3 body was disposed of, thereafter the present case has been filed due to some ulterior motive.

Heard learned A.P.P. and learned counsel for the informant who have opposed the prayer for bail on the ground that some of the witnesses have supported the case of the prosecution.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, of both the cases surrender by 13.8.2019 before the learned court below and on surrender they will be be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with Ziradei P.S.Case No.1 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T