Vijay Kumar @ Vijay Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53374 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -BALIGAON District- VAISHALI(HAJIPUR) ====================================================== Vijay Kumar @ Vijay Kr. Singh S/o Late Sitaram Singh R/o Vill. Baghi, P.S. Musri Ghrari, District Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anish Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 24.07.2016 in connection with Baligaon P.S. Case No. 81 of 2015 corresponding to G.R. No. 5286 of 2015 registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code. The prosecution case, as lodged by the mother of the deceased, is that her daughter did not have cordial relationship with her sister-in-law (Gotani), Jyoti Kumari and it has been alleged that said Jyoti Kumari along with other co-accused including the petitioner, who is father of the said Jyoti Kumari has killed the daughter of the informant.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.53374 of 2016 (2) dt.22-12-2016 2/3 petitioner that he is innocent, not concerned with the family affairs of his daughter or deceased and has been falsely implicated in the aforesaid case. He submits that petitioner has no criminal history and there is no eye-witness to the alleged occurrence and that the allegations are not specific. He submits that Jyoti Kumari has since been granted the privilege of bail by this Court in Cr. Misc. No. 51089 of 2016 on 28.11.2016 and other co-accused on similar allegations have also been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 20895 of 2016 on 19.05.2016. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and submission of the parties, since charge-sheet has already been submitted and other co-accused on similar allegations have been granted the privilege of bail, let the petitioner, above named, be enlarged on 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 Sri Atul Veer Singh, Sub-Judge - XIIIth cum

Patna High Court Cr.Misc. No.53374 of 2016 (2) dt.22-12-2016 3/3 Additional Chief Judicial Magistrate 1st, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 81 of 2015 corresponding to G.R. No. 5286 of 2015.

(Nilu Agrawal, J.) Arjun/- U T