Patna High CourtCR. MISC./7623/2015bail granted

Shambhu Prasad Singh v. The State Of Bihar

2015-02-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7623 of 2015 Arising Out of PS.Case No. -253 Year- 2014 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Shambhu Prasad Singh son of Sudhir Prasad Singh resident of village Karmanchak P.S. Bhawanipur,(Balia), District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shobha Nath Jha For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2015 Heard both sides.

Petitioner seeks bail in a case registered under sections 328, 304B, and 120B/34 of the Indian Penal Code. The brother of the deceased made allegation that when he went to house of his sister was lying and saline was being injected and on inquiry his sister disclosed that Sudhir Pd. Singh, Bharti Devi, Shankar Singh , Nunia Devi and Rakesh Kumar assaulted her and administered her poison. Komal Devi was brought to hospital where she died. The informant further alleged that Shambu Prasad Singh the husband of his sister was in jail in connection of robbery case and he killed his sister in a conspiracy.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.7623 of 2015 (2) dt.26-02-2015 2/2 there is absolutely no evidence in the entire case diary. The petitioner was in jail at the time of the death of his wife and even the wife of the petitioner did not disclose the name of the petitioner.

Considering the fact that petitioner was in jail at the time of occurrence and the wife also did not disclose the name of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Purnea in Bhawanipur Balia P.S. Case No. 253 of 2014.

(Prabhat Kumar Jha, J) M.Rahman/- U T