Jamun Singh @ Jamuna Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46435 of 2019 Arising Out of P.S. Case No.-136 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Jamun Singh @ Jamuna Prasad Singh, Male, aged about 50 years, S/o Late Tilak Singh R/o village- Bardaha, ward no. 4, P.S.- Narpatganj, DistrictAraria 2.

Shashi Bhushan Singh @ Vikash Singh, Male, aged about 28 years, S/o Jamun Singh R/o village- Bardaha, ward no,4 P.S.- Narpatganj, DistrictAraria ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Chandra Bhushan Das, Advocate For the Opposite Party :

Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor and perused the case diary. The petitioners are in custody in connection with Narpatganj P.S.Case No.136 of 2019 registered for an offence under Sections 365, 302, 201 and 120B/34 of the Indian Penal Code.

As per prosecution case, grand daughter of the informant, as alleged, has been made to disappear by her maternal-uncle and maternal cousin-grand father on 05.03.2019, Informant suspected 11 persons including this petitioner that they might have caused disappearance of her grand-daughter. However, on 07.03.2019, a dead body of the victim Kanchan

Patna High Court CR. MISC. No.46435 of 2019(3) dt.16-10-2019 2/3 Kumari was found buried on river side in semi burnt condition. It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case on account of enmity and village politics. Petitioners are agnates of the Nani of the victim Kanchan Kumari. Save and except suspicion, there is no eye witness to the alleged occurrence. It is further submitted that petitioner no.1 who gave information about the disappearance of the victim Kanchan Kumari to her Nani. It is also submitted that chargesheet has already been submitted and petitioners are in custody since 07.03.2019.

In view of the aforesaid facts, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S.Case No.136 of 2019, GR No.781 of 2019 with following conditions:- (i) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.46435 of 2019(3) dt.16-10-2019 3/3 (ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) B.Kr./- U T