Shambhu Singh @ Shambhu Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14654 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Shambhu Singh @ Shambhu Prasad Singh S/o Late Kishori Singh, R/o Village- Murhan, P.S.- Goradih, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Dr. Manoj Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in Sabour Police Station Case No. 222 of 2017 instituted for the offence under section 306/34 of the Indian Penal Code.

Allegation against the petitioner is that when she goat of the informant entered inside the field of the petitioner, the petitioner had abused the mother of informant and the lady has committed suicide by sprinkling kerosene oil on her and set herself on fire.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and there is land dispute between the parties from before. It has been further submitted that the son and wife of this petitioner, who are named

Patna High Court Cr.Misc. No.14654 of 2018 (2) dt.05-04-2018 2/2 in FIR having similar allegation, have been allowed anticipatory bail in Cr. Misc. No. 4009 of 2018. The case of the petitioner stands on similar footing and so he also deserves anticipatory bail. The learned counsel for the opposite party on the other hand opposed the submission.

In the facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Bhagalpur, in connection with Sabour P.S. Case No. 222 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioner will cooperate in investigation and will appear before the Investigating Officer as and when required, except on genuine reason, failing which his bail bonds shall be cancelled.

(Sanjay Kumar, J) Mahesh/- U T