Ajay Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.56349 of 2018 (3) dt.11-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56349 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Ajay Singh, S/o Late Ramadhar Singh, R/o Vill.- Amiyawar, P.S.- Nasriganj, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shamsher Bahadur Pandey, Advocate, For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, APP For the Informant : Mr. Raghunandan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Nasriganj P.S. Case No. 79 of 2018, instituted for the offences under Sections 363, 365, 504, 506 and 302/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that in the written report, it is alleged that on 15.04.2018 the informant learnt that Suraj Kumar, Chhote Lal and Ajay Singh with common intention were taking his son towards Mahavir Temple whereas the informant has lodged Sanha on 14.04.2018 for missing of his son.

Learned counsel for the petitioner has submitted that in case diary there is no eye-witness of the occurrence. Cause of

Patna High Court Cr.Misc. No.56349 of 2018 (3) dt.11-10-2018 death could not be ascertained and viscera is kept reserved. Learned counsel for informant has submitted that in para 12, 13 and 79 of case diary witnesses have taken the name of this petitioner.

Learned A.P.P. has submitted that on the indication of this petitioner, dead body of son of informant was recovered from a well of village.

From the statement of witnesses as mentioned in case diary in different paragraphs as pointed out by learned A.P.P., it appears that they are not eye-witnesses of the occurrence. They have raised suspicion against this petitioner. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bikramganj, Rohtas, in connection with Nasriganj P.S. Case No. 79 of 2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T