Prabhu Narayan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.47220 of 2016 (3) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47220 of 2016 Arising Out of PS.Case No. -207 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Prabhu Narayan Singh Son of Late Kailash Singh resident of Village Parsurampur, Tole Narauni, P.S. Pipra Kothi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Ms. Babita Kumari For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 20.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 302 and 307/34 of the Indian Penal Code.

Petitioner is named in the first information report but admittedly, informant is not eye-witness of the alleged occurrence. In course of investigation, villagers stated that in the night of the alleged occurrence, they woke up on cry and saw the house of the informant's sister burning and the villagers, any how, took out the informant's sister and her children and in the meantime, one Nano car came there in which the informant's sister as well as her one child were taken away from there. Statement of one Khusbu Kumari who happens to be daughter of the informant's sister was recorded at paras 31 as well as 33 of the case diary and the aforesaid statement goes to

Patna High Court Cr.Misc. No.47220 of 2016 (3) dt.20-12-2016 show that she claims, herself, to be eye-witness of the alleged occurrence and stated that the petitioner and others sprinkled kerosene oil on her as well as others and after that her grand mother lit fire. However, it is also obvious from the statements of the witnesses that husband of the deceased was separate from his brother and relation between them was not cordial.

Petitioner happens to be elder brother-in-law of the informant's sister and investigation against him has already been completed.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, West, Muzaffarpur in Sahebganj P.S. Case no. 207/2014. shahid (Hemant Kumar Srivastava,J) U T