Babloo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65041 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== Babloo Singh, S/o Nageshwar Singh, Resident of Village- Raghopur West, P.S.- Jurawanpur, District- Vaishali.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Adv.
Mr. Mukesh Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2019 Heard learned Counsel for the petitioner and learned APP for the State.
The petitioner, being the brother-in-law of the daughter of the informant, is apprehending arrest in a case registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.
The prosecution case as per the written report of Sushila Devi submitted to the S.H.O., Jurawanpur P.S. is to the effect that the daughter of the informant, Hira Muni Devi (the deceased) was married with brother of the petitioner, Prem Singh, 20 years prior to lodging of the present case. The
2/4 husband of the daughter of the informant died one year prior to lodging of the present case. It is alleged that on 07.05.2018 at about 01.30 P.M., the informant received an information that on 06.05.2018, all the accused persons including the petitioner, have killed the daughter of the informant, in order to grab her share of land and have thrown of her dead body into the river Ganga.
It is submitted by learned counsel for the petitioner that it is not in dispute that the daughter of the informant, Hira Muni Devi was married with the brother of the petitioner, Prem Singh but Hira Muni Devi has illicit relationship with one, Chandan Singh, as a result, she was kidnapped by the Chandan Singh, leading to registration of FIR by Prem Singh, i.e., the husband of the Hira Muni Devi against Chandan Singh and others, being Jurawanpur P.S. Case No. 42 of 2016 with accusation punishable under Sections 363 and 365 of the IPC. It is also submitted that after the death of Prem Singh, the husband of the Hiram Muni Devi, she along with her children started residing with Chandan Singh who used to pressurize her to execute the deed with regard to the property share of her husband, in his favour. It is further submitted that the son of the deceased, Rana Kumar has stated in paragraph 18 of the case diary that her
3/4 mother was subjected to torture and cruelty by Chandan Singh for execution of deed in his favour with regard to property share of his husband and Chandan Singh along with Kishun Singh killed his mother. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP after going through the case diary submits that since the brother of the petitioner died one year prior to lodging of the present case hence, all the accused persons including the petitioner tried to grab the share of land of the daughter of the informant and killed her. However, the son of the victim, Rana Kumar stated in paragraph no.18 of the case diary that his mother has been killed by Chandan Singh and Kishun Singh.
Considering the suspicious nature of accusation and materials on record suggest the involvement of Chandan Singh and Kishun Singh in the murder of the victim, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of
4/4 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 8th, Vaishali at Hajipur, in connection with Jurawanpur P.S. Case No.31 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/- U T