Palat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70152 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== PALAT SINGH Son of Late Kanti Singh Resident of Village - Pachahi, Koriyani Tola, Ward No.- 3, P.S.- Madhepura, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ramakant Sharma, Sr. Adv.

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-04-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhepur P.S. Case No. 105 of 2020 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The learned senior counsel for the petitioner submits that the petitioner is in custody since 09.09.2021, charge-sheet has been submitted in the case and is a person with clean antecedent and the informant who is daughter-in-law of the petitioner alleges that on account of dispute relating to Nal Jal Yojna there was a scuffle between the brothers, it is alleged that the petitioner gave orders to kill her husband, on which Ram Narayan Singh assaulted with lathi on his head causing injury

Patna High Court CR. MISC. No.70152 of 2021(2) dt.27-04-2022 2/3 and her husband fell, thereafter it is alleged that all the accused persons including the petitioner assaulted him with lathi causing injury over the head. It is further alleged that the accused persons even assaulted the informant and her son and accused Meena Devi, Binda Devi and Shanti Devi also indulged in assaulting the informant and her son. It is next alleged that the injured was taken to hospital from where he was referred to PMCH and on way to PMCH the husband of the informant died. The learned senior counsel submits that the petitioner has been falsely implicated in the present case, he is father of the deceased and is aged about 87 year, it is further alleged that in the FIR deliberately the informant has recorded his age as 75 year.

It is submitted that a person who all along his life has remained a person with clean antecedent all of a sudden at the age of 87 would give orders for killing his own son. It is also submitted that the petitioner has frail health. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that petitioner is in custody since 09.09.2021, charge sheet has been submitted in the case, is a person with clean antecedent and is aged about 87 year, let the petitioner above named be released on bail on furnishing bail

Patna High Court CR. MISC. No.70152 of 2021(2) dt.27-04-2022 3/3 bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhepur P.S. Case No. 105 of 2020.

(Satyavrat Verma, J) shahzad/- U T