Santosh Singh @ Bhutka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54355 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -BELDAUR District- KHAGARIA ====================================================== SANTOSH SINGH @ BHUTKA son of Birendra Singh Resident of Village- Sakrohar , Police station Beldaur, District Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Beldaur P.S. Case No. 77 of 2015 registered for the offences punishable under Sections 302, 201/120B of the Indian Penal Code. Allegedly, Rekha Devi, the wife of the informant had gone to cut grass in the field with the wife of Mithilesh Singh but she did not return and after 10 days her dead body was recovered lying in pond.

Submission is of false implication and that the informant did not lodge any case for missing of his wife and waited for 10 days and after recovery of dead body lodged this case. The petitioner is not named in the FIR but after 21 days name of the petitioner transpired that he and other co-accused were with the deceased and as such the petitioner who is in

Patna High Court Cr.Misc. No.54355 of 2015 (3) dt.22-01-2016 2/2 custody since 20.06.2015 having no direct evidence against him deserves sympathetic consideration.

Learned A.P.P. submits that one Chabila Kumari who was also cutting grass with the deceased has seen the petitioner and others and at their direction Chabila Kumari went and there only remains the deceased, the petitioner and other coaccused. In the facts and circumstances stated above, considering that there is no direct evidence and it appears that the case is of last seen and as such the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.C. Verma, Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 77 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T