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Patna High CourtCR. MISC./78613/2024disposed

Satyendra Kumar Singh @ Satyendra Singh @ Satendra Singh@ Kunnu v. The State Of Bihar

2025-01-10Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78613 of 2024 Arising Out of PS. Case No.-457 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== 1.

Satyendra Kumar Singh @ Satyendra Singh @ Satendra Singh@ Kunnu S/O Late Krishna Singh R/O Village - Sajjanpur Matihan, P.S - Dariyapur, District- Saran.

2.

Amrendra Kumar Singh @ Sonu Singh @ Amrendra Singh S/O Late Krishna Singh R/O Village - Sajjanpur Matihan, P.S - Dariyapur, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners requested to withdraw the bail application in respect of petitioner No.1 i.e. Satyendra Kumar Singh.

3. Permission granted.

4. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dariyapur P.S. Case No. 457 of 2024 instituted for the offence under Sections 103 and 3(5) of the B.N.S. Act.

5. The case of the prosecution is that the informant was at her matrimonial home, at that time she was called by her

Patna High Court CR. MISC. No.78613 of 2024(3) dt.10-01-2025 2/3 brother on phone and told that their agnates have assaulted the family members of the informant alleging of witchcraft. The informant came to her paternal house and as she arrived there the petitioner along with others started assaulting her husband due to which her husband died. Specific allegation is against one Nitin Kumar Singh and Satyendra Kumar Singh.

6. During course of hearing, learned counsel for the petitioner has submitted that from perusal of the FIR itself, it is clear the though the petitioner Amrendra Kumar Singh @ Sonu Singh has been named in the FIR but there is no allegation of any overt action against this petitioner. The case diary has been called and from perusal of the diary it is clear that none of the witnesses have stated anything regarding the role of this petitioner. The petitioner is a man of clean antecedent.

7. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

8. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dariyapur P.S. Case No.547 of 2024, he will

Patna High Court CR. MISC. No.78613 of 2024(3) dt.10-01-2025 3/3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran, Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

9. Accordingly, the present bail application stands allowed in respect of petitioner No.2 i.e. Amrendra Kumar Singh @ Sonu Singh.

(Ashok Kumar Pandey, J) durgesh/- U T