Virendra Kumar Singh @ Virendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77049 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Virendra Kumar Singh @ Virendra Singh S/o- Late Sri Singh Resident of Village-Newras, P.S. Kudra, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 81800 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
Niranjan Kumar Singh @ Munna Singh S/o Virendra Singh @ Virendra Kumar Singh Resident of Village- Newras, P.S.- Kudra, District- Kaimur at Bhabua 2.
Kumar Akhilesh Singh @ Guddu Singh S/o Virendra Singh @ Virendra Kumar Singh Resident of Village- Newras, P.S.- Kudra, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 77049 of 2024) For the Petitioner/s :
Mr.Uday Pratap Singh, Adv For the Opposite Party/s :
Mr.Suman Kumari Singh, APP (In CRIMINAL MISCELLANEOUS No. 81800 of 2024) For the Petitioner/s :
Mr.Uday Pratap Singh For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025 Both the cases are being taken up together as they arise out of the same police station case.
2. Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioners and learned APP for the State.
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3. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 302, 201/34 of the Indian Penal Code.
4. The allegation in the FIR, has been made against the present petitioners by the informant Tumpa Devi, who is the wife of the deceased that they have killed her husband on account of dispute with regard to partition in the family and have even cremated the dead body. She got the information of the incident only after a co-villager, informed her about the same thereafter, she arrived at the place of occurrence.
5. Learned senior counsel for the petitioner submits that perusal of the FIR itself, would go to show that there is no eye witness of the occurrence and the petitioners have been made accused in the present case only on the basis of suspicion as they have dispute in the family with regard to partition. With regard to the same, the learned senior counsel brought to the notice of this court a document annexed as Annexure-3 to the application which would go to show that partition in the family had already taken place and hence, there was no reason why the petitioners would commit an offence of the said nature.
6. It has further been submitted that even during the course of investigation, there is complete dearth of material to
3/4 show the complicity of the petitioners. Rather the witnesses, who have been examined during the investigation have stated that the deceased suffered from ailment of epilepsy and he was found hanging from a tree. There is no witness even to the effect that the deceased was last seen with the petitioners or the petitioners were even seen in the vicinity of the place of occurrence. The learned senior counsel has also pointed out to the FSL report which is a part of the case diary which also goes to show that the death of the deceased had been caused by hanging. The petitioner Virendra Kumar Singh in Cr. Misc. No. 77049 of 2024 is 82 years old man and two other petitioners in Cr. Misc No 81800 of 2024 are all practicing Advocates of the learned court below and have got no criminal antecedent.
7. The learned APP for the State opposes the anticipatory bail of the petitioners.
8. Considering the facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, in the event of their arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is
4/4 pending/ successor court in connection with Kudra P.S.Case No. 220 of 2024, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T