Upendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 47364 of 2014 Arising Out of Chapra Rail PS.Case No. -27 Year- 2010 Thana -SARAN GRP CASE DistrictSARAN ====================================================== Upendra Singh Son of Sri Ramayan Singh resident of village Sadhadhla Newaji Tola P.S. Chapra (M) District - Saran (Chapra) at present resident of Husse Chapra P.S. Chapra Town, District Saran at Chapra. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr.
For the Opposite Party : Mr.
===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2.
04-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Chapra Rail P.S. Case No. 27 of 2010 dated 03.05.2010 instituted under Sections 363/365/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the alleged date of occurrence is 02.06.2009, whereas the F.I.R. was lodged on 03.05.2010 i.e., after almost a year for which there is no explanation. Learned counsel submits that the petitioner is not named in the F.I.R. and basically as per the allegation the prime suspect is Vijay Singh, who wanted to marry his daughter with the son of the informant who is missing. Learned counsel submits that from the order of the learned 8th Additional Sessions Judge, Chapra dated 20.11.2014 dismissing the prayer for bail of the petitioner, it would be clear that the only link of the
Patna High Court Cr.Misc. No.47364 of 2014 (2) dt.04-03-2015 2/2 petitioner to the present case is said to be the fact that from the mobile of the father of the petitioner there was talk with the missing person, Pankaj Kumar. Learned counsel submits that the petitioner having clean antecedent is in custody since 24.08.2014.
Learned A.P.P. opposes the prayer for bail.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner 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 the learned Railway Judicial Magistrate, Sonepur, (Chapra Saran) in Chapra Rail P.S. Case No. 27 of 2010. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J.) Anand Kr.
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