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Patna High CourtCR. MISC./34230/2017bail granted

Ram Prakash Singh v. State Of Bihar And ANR

2017-07-31Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34230 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Prakash Singh Son of Late Sri Shiv Prasad Singh Resident of - Sun City, Kamta Quarters No. 633/06, Chinnhut, P.S. - Chinnhut, District - Lucknow (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Purnima Kumari Wife of Late Naresh Prasad Srivastava Resident of Mohalla Chini Mill Quarter, Chhota Bariyarpur, P.S. - Chhatauni, District East Champaran, Motihari.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Chhatauni P.S. Case No. 91 of 2017 registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code. The prosecution case, as lodged by the informant, who is wife of the deceased, Naresh Kumar Srivastava, is that there was some dispute with the workers of Hanuman Sugar Mills and the Management along with the petitioner, who was the Manager of the said Sugar Mill had engaged antisocial elements and has burnt to death the informant's husband and one Suraj Baitha.

Patna High Court Cr.Misc. No.34230 of 2017 (2) dt.31-07-2017 2/3 It has been submitted by the learned counsel for the petitioner that for the same occurrence, a First Information Report, bearing Chhatauni P.S. Case No. 89 of 2017 had been lodged by the Circle Officer, wherein he has stated that along with the police personnel, he had gone to the Sugar Mill and found that 200 persons had assembled there and were raising anti-management slogan and two persons including the husband of the informant have committed suicide by self-immolation. He submits that no offence has been committed by the petitioner and there was unrest in the Sugar Mill and he was appointed in the year 2015 as Manager and Advisor of the said Sugar Mill and has been falsely implicated. He submits that there was a mob regarding unrest in the Sugar Mill against the Management and two persons have selfimmolated themselves. He submits that neither the Circle Officer nor the police personnel have found the complicity of the petitioner in the alleged offence and that he bears no criminal antecedent.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on

Patna High Court Cr.Misc. No.34230 of 2017 (2) dt.31-07-2017 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 91 of 2017. (Nilu Agrawal, J.) Arjun/- U T