Kanchan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8831 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -ALIPUR District- GAYA ====================================================== Kanchan Singh son of Late Rajendra Singh resident of Village - Salempur, Police Station - Alipur (Tekari), District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 149, 201, 302, 304 (B), 506 and 511/34 of the I.P.C The daughter of the informant, namely, Munni Devi was married with Pawan Singh, brother of the petitioner seven years back and due to non fulfillment of demand of dowry she was being tortured, once she was pushed in a well to kill her but with the help of villagers she was pulled and her life was saved and thereafter the petitioner and his wife took away the daughter of the

Patna High Court Cr.Misc. No.8831 of 2015 (2) dt.10-04-2015 2/3 informant to Punjab where her husband was working and thereafter again she was brought at her Naihar and demand was made and ultimately it was learnt that daughter of the informant has been killed and the husband has performed second marriage also.

Submission is of false implication and that the petitioner is the Bhaisur having no concern with the deceased and her husband. In this case charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such considering detention of the petitioner since 29.08.2014 he deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Gaya in Alipur (Tekari) P.S. Case No. 38 of 2014/ G.R. No. 3042 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner

Patna High Court Cr.Misc. No.8831 of 2015 (2) dt.10-04-2015 3/3 shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T