Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24835 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mantu Singh S/o Jyot Narayan Singh, Resident of Village-Laxmipur, P.S. Adapur, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari-1 For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Adapur P.S.Case No.239 of 2017 , registered for offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation against the petitioner who happens to the Bhaisur of causing death of the deceased and it further appear from the FIR that the petitioner and father- in -law, husband and mother- in -law had set her on fire and thereafter cremated her dead body also.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him and deceased has died during her treatment and the informant was also present there and the informant has also settled the dispute outside the

Patna High Court Cr.Misc. No.24835 of 2018 (3) dt.05-07-2018 2/2 court.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that no specific allegation has been attributed against the petitioner who happens to Bhaisur, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Raxaul, East Champaran, Motihari in connection with Adapur P.s.Case no.239 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T