Dharmendra Kumar Singh @ Dharmendra Kumar @ Dharmendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55895 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- DERNI BAZAR District- Saran ====================================================== DHARMENDRA KUMAR SINGH @ DHARMENDRA KUMAR @ DHARMENDRA SINGH son of Mahendra Singh Village- Hinjua Nayka Tola Ps- Derni Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishesh Kumar Singh For the Opposite Party/s:
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.
3. As per FIR, the allegation against the petitioner and co-accused persons is that they committed murder of the informant's daughter due to family dispute. It is further alleged that the occurrence was seen by the daughter of the deceased.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.55895 of 2023(4) dt.22-01-2024 2/3 committed no offence. The petitioner is brother-in-law of the deceased, due to dirty village politics and family dispute he has falsely been implicated in this present case. There is no specific allegation against the petitioner and there is also two days delay in lodging the FIR. The petitioner has no concern with mess and business of the deceased as well as her husband and he is also living separately from both of them. As per Para-12 of the bail petition, independent witnesses gave statement before the police that a family dispute occurred between the deceased and her husband and due to which she hanged herself. It is further submitted that during investigation, I.O. has not recorded statement of the deceased's daughter. The petitioner is languishing in judicial custody since 17.06.2022.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Derni P.S. Case No. 124 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.55895 of 2023(4) dt.22-01-2024 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magsitrate-Ist, Saran at Chhapra. (Sunil Kumar Panwar, J) manishkumar/- U T