Sanjay Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48735 of 2017 Arising Out of PS. Case No.-51 Year-2017 Thana- MASAURHI District- Patna ======================================================

1. Sanjay Kumar Singh, Son of Sri Harendra Singh,

2. Mithlesh Kumar Singh Son of Sri Deo Kumar Singh, Both are R/o Village- Sarwani, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar Mr. Pravin Kumar For the Opposite Party/s :

Mr. KHURSHID ANWAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Masaurhi Police Station Case No. 51 of 2017, disclosing offences under Sections 306/34 of the Indian Penal Code. Learned Counsel, appearing on behalf of the petitioners, appears to be right in his submission that no case of abetment of suicide is made out on the basis of the allegation made in the First Information Report. He has submitted that there is no allegation that the petitioners, in any manner, instigated the deceased or helped him in the commission of suicide. This application is, accordingly, allowed.

Let the petitioners, namely, Sanjay Kumar Singh and

Patna High Court Cr.Misc. No.48735 of 2017(2) dt.10-11-2017 2/2 Mithilesh Kumar Singh, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, in connection with Masaurhi Police Station Case No. 51 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √