Ramdeni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50767 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -BARUN District- AURANGABAD ====================================================== Ramdeni Singh, son of Sri Sita Ram Singh, resident of Village Begati, P.S. Baroon, District Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 27.08.2016 in connection with Baroon P.S. Case No. 124/16 for offences punishable under Sections 302, 328, 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he got married his son Vinod Kumar with one Kavita Devi, who earlier had love affairs. It is alleged that when the son of the informant was at his sasural, he was administered poison by his father-in-law, brother-in-law and the petitioner, who is brother of his father-in-law (cousin father-in-law), resulting in his death.

It has been submitted by the learned counsel

Patna High Court Cr.Misc. No.50767 of 2016 (2) dt.24-11-2016 2/3 for the petitioner that he is innocent, has no connection with the affairs of his brother and has a separate mess. He submits that the petitioner has been implicated in this case only on the basis of suspicion as there is no eye-witness to the alleged occurrence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

From perusal of the materials available it appears that the release of the petitioner would not adversely affect his trial as the charge-sheet has already been submitted. Hence, considering the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Baroon P.S. Case No. 124/16.

This direction of bail is further subject to the condition that the accused petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court Cr.Misc. No.50767 of 2016 (2) dt.24-11-2016 3/3 officer or tamper with the evidence and shall appear before the learned Court below as and when required. With these observations and directions, the application stands allowed.

(Nilu Agrawal, J.) Rajesh/- U T