Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28680 of 2015 Arising Out of PS.Case No. -86 Year- 2013 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Sanjay Singh Son of Harendra Singh Resident of Kadma Rekha, P.S. (M) - Katihar, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-10-2015 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 section 304 (B)/34 of the I.P.C The daughter of the informant, namely, Deepti Devi @ Chhoti Devi was married with the petitioner about three years ago and she was pregnant but the petitioner and other in-laws killed her by administering poisonous substance. Submission is of false implication, during postmortem examination no external or internal injury has been found on the person of the deceased. Exact cause of death has also not been

Patna High Court Cr.Misc. No.28680 of 2015 (3) dt.27-10-2015 2/3 ascertained by the doctor and there is no forensic science laboratory report and without proper investigation charge sheet has already been submitted against the petitioner and others though during investigation it has come that the deceased has gone to cut grass where poisonous reptile bite her resulting she felt headache and was brought to Katihar for treatment but died, vide paragraphs- 11 and 12 of the case diary.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that the petitioner is in custody since 17.01.2015 and during investigation witnesses vide paragraphs- 11 and 12 of the case diary have not supported the prosecution case and as such considering detention of the petitioner and further that charge sheet has already been submitted against the petitioner and there is no chance of tampering with the prosecution evidence 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 C.J.M. Katihar in Katihar (Muffasil) P.S. Case No. 86 of 2013, 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

Patna High Court Cr.Misc. No.28680 of 2015 (3) dt.27-10-2015 3/3 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