Patna High CourtCR. MISC./45145/2024bail granted

Suraj Singh v. The State Of Bihar

2024-06-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45145 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Suraj Singh Son Of Pramod Patel Resident Of Vill- Mathiya Ward No. 10, P.S.- Kesariya, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 At the outset, learned counsel for the petitioner is permitted to make necessary correction in para-14 of the bail petition during course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Kesaria P.S. Case No. 592 of 2023 instituted for the offences under

Patna High Court CR. MISC. No. 45145 of 2024(2) dt.28-06-2024 2/3 Sections 302, 304B, 201, 120B and 34 of the Indian Penal Code.

4. The prosecution case, in short, is that, the petitioner along with other co-accused person used to beat the daughter of the informant and killed her due to non-fulfillment of dowry.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is the husband of the deceased. The petitioner has got no concern with the alleged occurrence. Charge-sheet has been submitted in this case. There is no specific allegation against the petitioner rather there is general and omnibus allegation against him. The petitioner is in custody since 15.12.2023 and has no criminal antecedent. The others coaccused have already been granted bail by this Court vide order dated 04.04.2024 passed in Cr. Misc. No. 24693 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No. 45145 of 2024(2) dt.28-06-2024 3/3 each to the satisfaction of Court below/concerned Court in connection with Kesaria P.S. Case No. 592 of 2023, Subject to following conditions:

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T