Abhay Singh @ Bada Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15128 of 2018 Arising Out of PS. Case No.-81 Year-2016 Thana- PALANWA District- East Champaran ====================================================== Abhay Singh @ Bada Singh, son of Satyanarayan Singh, resident of VillageParshurampur, P.S.- Palanwa, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Palanwa P.S. Case No. 81 of 2016 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Informant who is the brother of deceased has alleged that Petitioner (husband) along with other co-accused persons killed his sister by setting her ablaze due to nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. Allegation against petitioner is general and omnibus in nature. Deceased has committed suicide by setting herself ablaze. He has no criminal antecedent and he

Patna High Court Cr.Misc. No.15128 of 2018(7) dt.17-12-2018 2/2 is in custody since 25.11.2017.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran in connection with Palanwa P.S. Case No. 81 of 2016, subject to the conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T