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Patna High CourtCR. MISC./11889/2017bail granted

Dhirendra Kumar Singh @ Manoj Kumar Singh v. The State Of Bihar

2017-04-12Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.11889 of 2017 (3) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11889 of 2017 Arising Out of PS.Case No. -151 Year- 2014 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Dhirendra Kumar Singh @ Manoj Kumar Singh s/o Kusheshwar Prasad Singh, r/v- Singhia, P.s. - Singhia, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra, Adv. For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2017 Heard both sides.

The petitioner seeks bail in Singhia P.S. Case No. 151/2014, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The brother of the deceased alleged that his sister Anuradha Singh was married to the petitioner in the year 1987. His sister got two sons namely, Jaideep Singh @ Rishu Kumar Singh and Mandeep Singh. The petitioner and others were regularly assaulting his sister and they killed his sister and hurriedly cremated her dead-body.

Learned counsel for the petitioner submits that during the course of investigation in para 6 of the case diary it has come that Mandeep Singh younger son of the petitioner and the deceased has stated that the petitioner and other accused persons

Patna High Court Cr.Misc. No.11889 of 2017 (3) dt.12-04-2017 assaulted his mother and hurriedly cremated her dead-body. There is no other eye-witness of the occurrence. Three witnesses have already been examined including Mandeep Singh son of the deceased. Mandeep Singh did not support the prosecution case. Mandeep Singh and others made same and similar allegation against other accused persons who have been granted bail vide orders passed in Cr. Misc. 32610/2015 and Cr. Misc. 21530/2016 on 14.08.2015 and 26.05.2016 respectively. The petitioner is in jail since 22.10.2014. The petitioner has already remained in jail for more than two and half year.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge, Rosera, Samastipur in connection with Singhia P.S. Case No. 151/2014.

(Prabhat Kumar Jha, J.) Vinita/- U T