Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43608 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Guddu Singh S/O Shambhu Singh R/O Village- Dubahan, P.S- Madhuban, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Informant :

Mr. Rakesh Kumar No. 1, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Madhuban P.S. Case No. 112 of 2023 dated 11.03.2023 registered for the offences u/ss 302 and 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, allegedly, the informant heard from villagers that the petitioner committed murder of her father-in-law.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eye witness in this case. The name of the petitioner has

Patna High Court CR. MISC. No.43608 of 2023(2) dt.27-07-2023 2/2 surfaced in this case on mere suspicion. Learned counsel has further submitted that the informant did not disclose the name of the villagers from whom he had heard that the petitioner committed murder of her father-in-law. FIR is based on hearsay evidence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Madhuban P.S. Case No. 112 of 2023, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T