Bipin Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70402 of 2022 Arising Out of PS. Case No.-18 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BIPIN KUMAR SINGH S/o Late Laldeo Singh R/v- Banaura, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma Mr.Natraj Verma For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Earlier, the prayer for bail of petitioner was rejected, vide order dated 10.08.2021 passed in Cr.Misc. No. 28761 of 2021 (Annexure-1).
The trial court report, kept at flag 'R', indicates that charge has been framed on 06.07.2022 and out of six chargesheeted witnesses, three witnesses have already been examined.
In this case, supplementary affidavit has also been filed on behalf of petitioner and in paragraph - 2, it has been specifically stated that three chargesheeted witnesses including informant, who is brother of deceased, have been examined and
Patna High Court CR. MISC. No.70402 of 2022(3) dt.22-02-2023 2/2 all have stated that petitioner never tortured the deceased nor demanded any dowry nor he killed the deceased. Petitioner is in custody since 13.11.2019.
Considering the period of custody and the fact that the witnesses, who have been examined, have not supported the prosecution case and clearly stated that petitioner, who is husband of deceased, never tortured the deceased nor killed her, the prayer for bail of petitioner is allowed. Let the above named petitioner 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 Additional Sessions Judge - X, Gopalganj in connection with S.Tr. No. 299 of 2022, arising out of Baikunthpur P.S. Case No. 18 of 2019.
(Prabhat Kumar Singh, J) anay/- U T