Shakti Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49973 of 2024 Arising Out of PS. Case No.-467 Year-2023 Thana- Kharagpur District- Munger ====================================================== SHAKTI KUMAR SINGH S/O MITHILESH SINGH R/O PAHARPUR, P.SSHAMPUR, MUNGER, BIHAR- 811211 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Haveli Kharagpur Police Station Case No. 467 of 2023, dated 18.07.2023, disclosing offences punishable under Section 306 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that at about 10-10:30 PM on 17.07.2023, the informant's husband received a phone call and after that he became disturbed. When the informant enquired from her husband, her husband did not tell anything to her. Subsequently, the informant's husband locked himself in a room and refused to open he door and after sometime when the door was broken, the informant's husband was

Patna High Court CR. MISC. No.49973 of 2024(2) dt.28-08-2024 2/3 found hanging with a rope.

4. Learned Counsel for the petitioner submits that the petitioner is the neighbour of the informant and has been implicated in this case due to some previous dispute. From perusal of the First Information Report, it appears that before the occurrence, it has been alleged that the deceased was harassed by the petitioner. There was no positive action on the part of the petitioner which can be said to be proximate to the time of committing suicide by the deceased. The deceased has committed suicide due to some other reason not known to the petitioner.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that the deceased has committed suicide just after receiving phone call and it is not the case of the prosecution at present that the phone call was made by the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing

Patna High Court CR. MISC. No.49973 of 2024(2) dt.28-08-2024 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Haveli Kharagpur Police Station Case No. 467 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

8. This is subject to the condition that the petitioner shall cooperate in the trial and present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √