Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82031 of 2019 Arising Out of PS. Case No.-117 Year-2013 Thana- DURAULI District- Siwan ====================================================== NIRANJAN SINGH, Son of Jay Narayan Singh Resident of Village-Atarsan, Police Station-Rasulpur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 366-A/34 of the Indian Penal Code.

According to F.I.R., the petitioner along with full brother Munna Singh took away Jyoti Devi, a married lady and thereafter Jyoti Devi was found missing. Co-accused Munna Singh who was in custody since 01.09.2014 was allowed bail by a co-ordinate Bench of this Court on 29.10.2015 in Cr. Misc. No. 30441 of 2015.

Learned counsel for the State submits that while granting bail to Munna Singh, the Court had taken into

Patna High Court CR. MISC. No.82031 of 2019(4) dt.27-05-2020 2/3 consideration the period of custody of Munna Singh. The petitioner is in custody since 16.10.2019 and due to nonappearance of the petitioner, the trial could not proceed. It has been informed that charges have already been framed in the trial.

Considering the entire facts aforesaid, especially the fact that due to ongoing lock-down, trial is not going to be concluded in near future, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Darauli P.S. Case No. 117 of 2013 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on

Patna High Court CR. MISC. No.82031 of 2019(4) dt.27-05-2020 3/3 his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) mantreshwar/- U T