Kashi Singh @ Kashinath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43130 of 2015 Arising Out of PS.Case No. -240 Year- 2013 Thana -ARA NAWADA District- BHOJPUR ====================================================== Kashi Singh @ Kashinath Singh Son of Late Ram Chandeshwar Singh Resident of village Pipra, P.S. Garahani, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit, Advocate For the Opposite Party/s : Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Sections 302/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that there was no occasion for the petitioner to have taken any part in the alleged murder of the sister of the informant as he is the brother of the step-mother-in-law of the deceased lady and he does not reside in the same house. It is also submitted that there is a reference in the FIR to an earlier incident in which the petitioner's name has not cropped up and on account of loose statement in the FIR regarding the sister and brother of the step-mother having participated in the murder the petitioner has been made an accused in the FIR although even his name does not find mention therein

Patna High Court Cr.Misc. No.43130 of 2015 (3) dt.30-11-2015 specifically.

It is further submitted by learned counsel that two of the named accused persons, namely, Prabhu Nath Singh and Runku Devi, have already been granted bail by this Court in Cr.Misc.Nos, 44564 of 2013 and 43276 of 2013 by orders dated 4.3.2014 and 4.3.2014 respectively as also the step-mother, Durga Devi, has been granted anticipatory bail by this Court in Cr.Misc.No.44273 of 2015 by order dated 13.10.2015 though only on the ground that she is a lady.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner Kashi Singh @ Kashinath Singh in the event of his arrest/surrender in the court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Ara Nawada P.S.Case No. 240 of 2013 to the satisfaction of the Chief Judicial Magistrate, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U