Kusheshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35547 of 2016 Arising out of P.S. Case No. - 7 Year - 2016 Thana - AWTARNAGAR District - SARAN ====================================================== Kusheshwar Singh, Son of Late Shivjee Singh, Resident of Village - Jhaua Basant, P.S. - Awatar Nagar, District - Saran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party : Smt. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.06.2016 in connection with Awatar Nagar P.S. Case No. 07 of 2016 for the offences instituted under Sections 302/32 of the Indian Penal Code. The prosecution story, in brief, is that after getting information about a girl falling down from a train and lying in injured condition near Kothiya railway bridge, the informant reached there and saw the petitioner and other villagers present there. The petitioner disclosed her name as Sanju Kumari aged about 18 years. It has further been alleged that the villagers disclosed that the girl was pushed from Lichchivi Express Train by her parents as she was pregnant. The villagers disclosed the name of her parents as the petitioner and her wife Gita Devi.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.35547 of 2016 (3) dt.24-10-2016 2/2 petitioner is in custody since 05.06.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. Petitioner is the father of the deceased. The deceased accidentally had fallen from the train, she was taken for treatment. After her death, inquest was prepared. Petitioner is witnessed to the said inquest report. Later on, a case was instituted by the Chaukidar suspecting the involvement of the petitioner. None of the witnesses has supported the allegation of the Chaukidar as stated in the F.I.R.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 07 of 2016. Kundan (Sudhir Singh, J.) U T