IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39759 of 2010
PRAVEEN KUMAR SINGH S/O LATE SATYENDRA NARAYAN SINGH,
RESIDENT OF VILLAGE PACHARA LAKSHMIPUR, P.S. TARIYANI,
DISTRICT SHEOHAR.
Versus
THE STATE OF BIHAR
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2. 14.12.2010. Heard Shri Uday Kumar, learned counsel for
the petitioner and Shri Amrendra Kumar Sinha,
learned Additional Public Prosecutor.
The petitioner, who is in custody in
Complaint Case No.C1-219 of 2004 for the offence
under Section 304(B) and other allied Sections of
the Indian Penal Code, has prayed for grant of bail.
Learned counsel for the petitioner submits
that initially on the basis of information furnished
by the complainant, an F.I.R. vide Tariyani P.S.
Case No.83 of 2003 was registered. However, after
investigation, the allegation made by the
complainant/informant was found as un-true and as
such final form was submitted. In the said case, a
protest petition was filed, which was treated as
complaint case vide Complaint Case No.C1-219 of
2004. After conducting enquiry, the learned
Magistrate took cognizance of the offence. Despite
the fact that order of cognizance was passed in the
year 2006, the petitioner remained absconding and
thereafter, he surrendered on 27.8.2010 and since
2
then he is in custody.
Learned Additional Public Prosecutor has
opposed the prayer for bail and it was submitted
that conduct of the petitioner indicates that he has
got no respect for the law and, accordingly, the
prayer for bail may be rejected.
In view of the fact that the allegation was
initially investigated thoroughly by the statutory
investigating agency and was found not true, the
court is of the opinion that it is a fit case for
extending the privilege of grant of bail to the
petitioner.
Let the petitioner above named be enlarged
on bail on his furnishing bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each
to the satisfaction of S.D.J.M., Sheohar at
Sitamarhi in Tariyani P.S. Case No.83 of 2003.
( Rakesh Kumar,J.)
N.H./