Sarvesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24358 of 2015 Arising Out of PS.Case No. -119 Year- 2013 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Sarvesh Singh son of Gauri Shankar Singh residen tof village- Baraauni, P.s. Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Teghra P.S. Case No. 119 of 2013 registered for the offences punishable under Sections 304-B, 201 and 34 of the Indian Penal Code. Meenu Kumari, the daughter of the informant was married to petitioner in the year 2007 but thereafter, the petitioner and others started demanding motorcycle and gold chain and due to non-fulfillment, she was hanged to death and he further made the dead-body traceless.

Submission of false implication and that the Investigating Officer and Supervising Authority did not

Patna High Court Cr.Misc. No.24358 of 2015 (3) dt.08-10-2015 2/3 investigate and supervise the case properly. The wife of the petitioner died due to illness and the information of the same was given to the informant and his family and on the day of cremation, the informant alongwith his family participated in the last rites but later on, the informant started demanding money which was refused, giving rise to this case. The petitioner has voluntarily surrendered on 19.07.2013 and since then, he is suffering in custody. There is no chance of tampering with prosecution evidence and in near future trial is not likely to be concluded. Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that during investigation the case has been found true and Supervising Authority has also found the case true and there is no evidence regarding illness of deceased.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. The petitioner is suffering in custody since 19.07.2013 and in near future there is no likelihood of early conclusion of the trial and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.24358 of 2015 (3) dt.08-10-2015 3/3 Learned Adhoc Additional Sessions Judge, II, Begusarai arising out of Teghra P.S. Case No. 119 of 2013 subject to the conditions that one of the bailors must be 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) sushma/- U T