Indal Kumar Singh @ Indal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2123 of 2017 Arising Out of PS.Case No. -149 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Indal Kumar Singh @ Indal Singh S/o late Ram Sagar Singh Resident of Village Mahadeo Simariya, P.S. Sikandra, Distt- Jamui. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Tilak Sao, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 10.07.2016 in connection with Sikandra P.S. Case No. 149 of 2015 for the alleged offences under Sections 302, 201 and 34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated as the deceased having suffered accidental fire while cooking on 13.05.2015, subsequently succumbed to her injuries on 30.05.2015 after having been treated at Jamui Hospital, Jamui Sahara Sandhya Hospital, Mithapur, Patna and Patna Medical College & Hospital, Patna. The petitioner is the brother-in-law of the deceased who live separately and has no concern with the dayto-day family affairs of the deceased and her husband. It is further submitted that the husband of the deceased had given his fardbeyan to the police on 15.05.2015 which had also been signed by the informant and the informant had also given similar statement to the police on 30.05.2015. There is inordinate delay in instituting the FIR on 26.10.2015 i.e. almost five months after the
Patna High Court Cr.Misc. No.2123 of 2017 (3) dt.10-02-2017 death had occurred. The petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. IInd, Jamui in connection with Sikandra P.S. Case No. 149 of 2015 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T