Mahesh Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33040 of 2017 Arising Out of PS.Case No. -813 Year- 2016 Thana -SITAMARHI District- SITAMARHI ====================================================== Mahesh Prasad Singh Son of Late Wakil Singh, Resident of Dadan Chak, P.O.- Ghatwara, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. Vidyanti Devi, Wife of Late Lal Babu Thakur, Resident of- Mirjapur Pamra, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Opposite Party/s : Mr. Sri Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 813 of 2016, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

On behalf of the petitioner, it is submitted that the name of the petitioner and the name of one Radha Devi have been added in the First Information Report later on the date of occurrence is of 09.12.2016 and F.I.R. has been lodged on 28.12.2016 without any explanation of delay. During investigation also nothing has come against the petitioner. He is an agriculturist

Patna High Court Cr.Misc. No.33040 of 2017 (3) dt.21-08-2017 2/2 but wrongly has been alleged in the First Information Report. Radha Devi whose name has also been inserted with the petitioner has already been allowed bail who is mother-in-law whereas petitioner is cousin father-in-law of the deceased, having no connection or role in the said crime.

The learned A.P.P. fairly submits that Radha Devi, mother-in-law has already been allowed pre-arrest bail vide Cr. Misc. No. 35493 of 2017 by another coordinate Bench of this Court.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 813 of 2016, subject to the conditions as laid down in Section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Vats/- U T