Dil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81239 of 2024 Arising Out of PS. Case No.-164 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== Dil Kumar Singh S/O Vimla Prasad Singh @ Bimla Prasad Singh R/O Village- More Dehri, P.S- Jamhore, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar,Advocate For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2025 Heard Mr.Shashank Shekhar, learned counsel for the petitioner and Mr.Ramesh Chandra, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 20.11.2021 in connection with Jamhore P.S. Case No. 164 of 2021, F.I.R. dated 23.10.2021 corresponding to S.Tr.No.280/2022/197/2022 registered for the offence punishable under Sections 341,323,307,498A,504,506,304(B) and 34 of IPC.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 25.07.2023 passed in Cr. Misc. No.26295 of 2023.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case merely on the ground that
Patna High Court CR. MISC. No.81239 of 2024(3) dt.10-01-2025 2/3 petitioner is husband of the deceased. Further submits that the petitioner is in judicial custody since 20.11.2021 and the trial has not been concluded as yet.
5. Vide order dated 28.11.2024 a report was called for with regard to the present stage of the trial. Report of the learned Trial Court dated 05.12.2024 reveals that out of eleven chargesheet witnesses, only five witnesses have been examined and the case is pending for the examination of the rest six prosecution witnesses.
6. Learned counsel for the petitioner refers the report of the learned Trial Court and submits that in view of the report of the learned Trial Court that there is no chance of early conclusion of the trial in near future and the petitioner is in judicial custody since 20.11.2021 i.e. more than three years.
7. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts as well as report of the learned Trial Court, let the petitioner, above named, 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-VII, Aurangabad in connection with Jamhore P.S. Case No. 164 of
Patna High Court CR. MISC. No.81239 of 2024(3) dt.10-01-2025 3/3 2021, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T