Arbind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70925 of 2018 Arising Out of PS. Case No.-116 Year-2015 Thana- VAISHALI District- Vaishali ====================================================== Arbind Singh Son of Late Chunnu Singh Resident of Village-Muzapakri,P.S. Vaishali Belsar O.P.,Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Vaishali (Belsar O.P.) P.S.Case no.116 of 2015 , registered for offences punishable under Sections 341, 323, 307, 302, 120(B ) of the Indian Penal Code.

Allegation against the petitioner is that he used to torture her for not participating in Kirtan-Bhajan with husband and on 23.4.2015 she was assaulted and her dead body was thrown in the premises of the Middle School.

Submission of the learned counsel for the petitioner is that the materials collected from the investigation clearly shows that she had fled away from the house of the petitioner and she was not residing with the petitioner , as such the allegaiton that he has assaulted is false and concocted and there is also no

Patna High Court CR. MISC. No.70925 of 2018(4) dt.10-04-2019 2/2 allegation that she was subjected to torture with respect to demand.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of order and the learned court below shall verify the aspect as to whether the processes under Sections 82 and 83 of the Cr.P.C. have been issued against him and if not , the petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S.Case no.116 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T