Prem Shankar Singh @ Nanki Singh @ Nanhki Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35052 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. PREM SHANKAR SINGH @ NANKI SINGH @ NANHKI SINGH, Son of Late Sewak Singh, R/o Village- Matiaur, P.S.- Mohiuddinnagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Mohiuddinnagar P.S. Case No. 162 of 2016 for offences punishable under Sections 304-B/34, 201, 120-B of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Chhoti Kumari was married to the petitioner four years back and after sometime of her marriage petitioner along with his elder brother and wife of his elder brother stated torturing his daughter for non-fulfillment of demand of motorcycle and Rs. 50,000/- cash. He got information that his daughter has been killed

Patna High Court Cr.Misc. No.35052 of 2017 (4) dt.14-09-2017 2/3 and thrown in Ganga river and on coming to his daughter's matrimonial house he found his daughter and six month old child of his daughter traceless.

It has been submitted by the learned counsel for the petitioner that he is innocent, no overt act has been committed by the petitioner and there is no eye witness to the alleged occurrence. He submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and that he is languishing in custody since 16.01.2017.

However, learned counsel appearing for the informant and learned APP for the State vehemently oppose the prayer for bail stating therein that the daughter of the informant has been killed and six month old child is traceless.

However, learned counsel for the petitioner submits that the six month old child of the daughter of the informant is living happily with his younger brother Vijay Shankar Singh. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Mohiuddinnagar P.S. Case No. 162 of 2016, pending in the court of learned Addl. Chief

Patna High Court Cr.Misc. No.35052 of 2017 (4) dt.14-09-2017 3/3 Judicial Magistrate, Samastipur.

Application is, accordingly, rejected.

However, petitioner may renew his prayer for bail after framing of charge. (Nilu Agrawal, J) Rajesh/- U T