Arun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22833 of 2017 Arising Out of PS.Case No. -93 Year- 2015 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Arun Singh Son of Sri Gana Deyal Singh, Resident of Village- Mokari Tendua, Police Station- Sanjhauli, District- Rohtas at Sasaram. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Opposite Party/s : Mrs. Sahin Begam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 18.02.2017 in connection with Sanjhauli P.S. Case No. 93 of 2015 registered for the offence punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter, Guriya Devi was married to the petitioner three years back and had one year old daughter. The petitioner had a love affair with his brother's wife, Anita Devi and he used to torture his wife on account of non-fulfilment of demand of a motorcycle and has killed her and burnt the dead body.
Patna High Court Cr.Misc. No.22833 of 2017 (3) dt.01-09-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that the deceased died a natural death, as she was sick and a compromise petition has also been annexed as Annexure-2 to this application stating that both the parties have compromised the matter. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses. However, learned A.P.P. for the State opposes the prayer for bail stating therein that the dead body was cremated without the knowledge of the informant and the evidence was destroyed.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 93 of 2015 on completion of one year in custody, subject to the condition that both the bailors would be close relative of the petitioner and that petitioner will appear before the learned Court below on each and
Patna High Court Cr.Misc. No.22833 of 2017 (3) dt.01-09-2017 3/3 every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T