Dr. Vinay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12643 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dr. Vinay Kumar Sinha Son of Mahesh Prasad Singh Resident of village - Baradih, P.S. Islampur, District - Nalanda, At Present Bhelwa, P.S. Chhauradano, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 03-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.02.2015 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The prosecution case is that the Chaukidar came to know through villager Sanjay Prasad and Malik Prasad that the victim Manisha was lying dead with burn injury in her hut leading to registration of the case against unknown. During investigation it transpired that the victim used to dance in an orchestra party but since last three years she developed some intimacy with this petitioner and few days prior to the occurrence

Patna High Court Cr.Misc. No.12643 of 2015 (03) dt.03-07-2015 2/2 she had scuffle with this petitioner.

It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence and only on suspicion the accusation has been levelled on the basis of some vague circumstantial evidence. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. This contention of the petitioner has not been controverted by the learned APP after going through the case diary that suspicion has been raised against the petitioner due to some intimacy of the petitioner with the victim.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Chhauradano P.S. Case No. 36 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T