Raj Kumar Singh @ Dina Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61986 of 2022 Arising Out of PS. Case No.-122 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== RAJ KUMAR SINGH @ DINA NATH SINGH SON OF RAVINDRA NARAYAN SINGH R/O VILL.- BHITH BHAGWANPUR, P.S.- MADHEPUR, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 363 and later on added Section 302, 201, 120B of the Indian Penal Code. As per the prosecution case, the informant's husband returned in an intoxicated state and asked her for money and on her no giving the same because she did have any money, she was abused and thereafter her husband left home. He was not to be found.

Patna High Court CR. MISC. No.61986 of 2022(3) dt.13-03-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has been dragged in this case only on the basis of the statement of the spy of the police. There is no eyewitness to the alleged occurrence. The co-accused has already been granted bail by the co-ordinate bench vide order dated 11.01.2023 passed in Cr. Misc. No. 22479 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 122 of 2021 (GR No. 1277 of 2021) with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.61986 of 2022(3) dt.13-03-2023 3/3 reasonable cause, the bail bond of the petitioner is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T