Sujan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85376 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- PRANPUR District- Katihar ====================================================== 1.

Sujan Kumar Singh Son of Ashok Singh Resident of village Ramchandrapur Ps Pranpur District Katihar.

2.

Tetri Devi Wife of Surendra Singh, D/o Balaram Mahaldar Resident of Village - Kumaripur, P.S.-Manihari, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Musowir For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2. The petitioners seek bail in Pranpur P.S. case No. 49 of 2023 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that a dead body of woman is lying in a bamboo orchard.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioners are not named in the F.I.R. The names of the petitioners have transpired during the investigation on the basis of disclosure

Patna High Court CR. MISC. No.85376 of 2023(3) dt.19-03-2024 2/3 made by spy. Thereafter, on the basis of confession made before the police, the petitioners have been arrested. Learned counsel for the petitioners submits that the said confessional statement made before the police is inadmissible in the eye of law. Except the confessional statement, there is nothing against the petitioners substantiate the allegation made in the F.I.R. The petitioners are in custody since 23.07.2023 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pranpur P.S. case No. 49 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.85376 of 2023(3) dt.19-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Pankaj/- U T