Bhairav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36705 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== BHAIRAV SINGH Son of Late Sohan Singh Resident of Ward No.-10, Badi Ghantiyal, P.S.- Bidasa, District- Churu (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Azamnagar P.S. Case No. 51/2019, instituted for offence under Section(s) 302, 376 and 201 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. During investigation mere suspicion has been raised against this petitioner.

It is alleged in the written report that on the date of occurrence at about 5 P.M. wife of informant had gone to cut grass at Old Bhittha, Bahiyar, but she did not return. During course of search dead body of wife of informant was found in the maize field of one Lechu Singh. Her neck was found cut by means of Kachiya, which was found near the dead body of the

Patna High Court CR. MISC. No.36705 of 2019(3) dt.13-08-2019 2/3 wife of informant. Blood was also found near the dead body. Informant has alleged that his wife has been killed by Kachiya after committing rape.

Learned counsel for informant has submitted that during investigation name of this petitioner has come in para 43 and 44 of case diary.

Learned counsel for petitioner has submitted that there is no eye-witness to the occurrence. Mere suspicion has been raised in the case diary.

Petitioner is in custody since 15.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Katihar, in connection with Azamnagar P.S. Case No. 51/2019, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in

Patna High Court CR. MISC. No.36705 of 2019(3) dt.13-08-2019 3/3 cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T