Daya Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77993 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- GUTHANI District- Siwan ====================================================== 1.

Daya Shankar Singh S/o Late Ramkathin Singh @ Ramkalin Singh R/o Village- Sarkari Bangra, P.S.- Guthani, District- Siwan 2.

Ajit Singh @ Ajeet Kumar Singh S/o Daya Shankar Singh R/o VillageSarkari Bangra, P.S.- Guthani, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Guthni PS case no. 175 of 2024, disclosing offences punishable under Sections 103, 238, 3(5) of the B.N.S. Act, 2023.

3.

The prosecution story, as per the First Information Report, is that on 05.07.2024, the informant received information through her maternal uncle that her husband has been killed by the petitioners.

4.

Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to

Patna High Court CR. MISC. No.77993 of 2024(2) dt.27-11-2024 2/3 mis-conception of facts. Petitioner no. 1 is father of the deceased and petitioner no. 2 is the elder brother of the deceased. Informant is wife of the deceased and was residing at her parental home. Referring to paragraphs no. 8, 9, 10, 11 and 12 of the bail application, learned counsel submits that during course of investigation, statement of the informant was recorded, in which she has stated that her husband was having some mental issue, due to which, he has committed suicide. He also submits that independent witnesses have also stated regarding ill mental health of the deceased and suicide committed by him.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the statements made in paragraphs no. 8, 9, 10, 11 and 12 of the bail application, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Siwan in

Patna High Court CR. MISC. No.77993 of 2024(2) dt.27-11-2024 3/3 connection with Guthni PS case no. 175 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T