Patna High CourtCR. MISC./14776/2015bail granted

Deepak Kumar Singh @ Chunnu Singh And ORS. v. The State Of Bihar

2015-04-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14776 of 2015 Arising Out of PS.Case No. -76 Year- 2006 Thana -SONO District- JAMUI ======================================================

1. Deepak Kumar Singh @ Chunnu Singh S/o Late Narsingh Singh

2. Sunil Singh @ Anil Singh S/o Khelo Singh

3. Laveshwar Singh S/o Munshi Singh .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

It is alleged that recovery of dead body of husband of the informant led registration of Sono P.S. Case No.76 of 2006 against 4 persons and 2 and 3 unknown.

It is submitted by learned counsel for the petitioners that the petitioners were not sent up for trial but during trial 5 witnesses were examined when application for summoning the petitioners and others were rejected by the learned trial court vide order dated 23.11.2007. The said order was challenged before this court by filing Criminal Revision No. 17 of 2008.

Patna High Court Cr.Misc. No.14776 of 2015 (2) dt.13-04-2015 2/2 This court set aside the order dated 23.11.2007 and allowed the petition of the informant for summoning the petitioners. The impugned order does not specifically discuss the evidence on the basis of which the petitioners have been summoned in exercising jurisdiction under section 319 of the Code of Criminal Procedure.

Considering the aforesaid facts, let the above named petitioners 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 `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Jamui in connection with Sessions Trial No.40A/07 arising out of Sono P.S. Case No.76 of 2006, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T