Deepak Kumar Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Deepak Kumar Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on bail after framing of charge if the charge has not yet been framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned ACJM-I, Aurangabad, in connection with Nabinagar P.S. Case No. 218 of 2023.

Issue for consideration

Whether the petitioner should be released on bail in connection with Nabinagar P.S. Case No. 218 of 2023 registered for offences under Sections 302, 364, 34 IPC and Section 27 of the Arms Act.

Court's answer

Bail application allowed, having regard to the submissions, the petitioner's custody since 07.10.2023, and the fact that co-accused Dhananjay Singh has already been granted bail by this Court vide order dated 12.03.2024 in Cr. Misc. No. 14994 of 2024.

Ratio / Principle

Petitioner to be released on bail after framing of charge (if the charge has not yet been framed) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Aurangabad in connection with Nabinagar P.S. Case No. 218 of 2023.

Key takeaways

The observations in the order are confined to the purposes of bail only.obiter¶22-23

Detailed headnote1 paragraphs

Bail allowed — Patna High Court (Sandeep Kumar, J.), 26-07-2024, Criminal Miscellaneous No.23752 of 2024 arising out of Nabinagar P.S. Case No. 218 of 2023 (Sections 302, 364, 34 IPC; Section 27 Arms Act). Dead body of the deceased was found in the house of Manorma Devi, who named the petitioner as the assailant in her statements under Sections 161 and 164 Cr. P.C. Counsel urged that the killing occurred on grave and sudden provocation, the submission being made without admitting guilt. Bail allowed considering the petitioner's custody since 07.10.2023 and the bail already granted to co-accused Dhananjay Singh vide order dated 12.03.2024 in Cr. Misc. No. 14994 of 2024; release directed after framing of charge on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Aurangabad; observations confined to the purposes of bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23752 of 2024

Arising Out of PS. Case No.-218 Year-2023 Thana- NAVINAGAR District- Aurangabad

======================================================

Deepak Kumar Singh S/o Upendra Singh R/o Village- Duaari, P.S.- Tandwa, District- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Senior Advocate Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 26-07-2024

Heard learned Senior Counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in connection with Nabinagar P.S. Case No. 218 of 2023 registered for the offence under Section 302, 364, 34 of the Indian Penal Code and under Section 27 of the Arms Act.

As per the prosecution case, the dead body of the deceased was found in the house of one Manorma Devi.

Manorma Devi in her statement before the police under Section 161 of the Cr. P.C. and also before the Magistrate under Section 164 Cr. P.C. has named the petitioner as the assailant of the deceased.

Learned Senior Counsel for the petitioner submits

Patna High Court CR. MISC. No.23752 of 2024(4) dt.26-07-2024 2/3

that the petitioner is the nephew of Manorma Devi and Manorma Devi had called her paramour to her Sasural and when she was seen in a compromising position by the petitioner and the Dhananjay Singh, the allegation is that the petitioner shot him and killed him. He further submits that this is because of grave and sudden provocation as the petitioner saw his Mausi in a compromising position with her paramour, he could not control himself therefore, he is said to have killed the deceased. The petitioner is in jail since 07.10.2023.

This argument has been made without accepting the guilt on behalf of the petitioner.

7 . Considering the above and considering the custody of the petitioner and also considering the fact that co-accused Dhananjay Singh has been granted bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 14994 of 2024, this application is allowed.

Let the petitioner, above named, be released on bail after framing of charge if the charge has not yet been framed on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Aurangabad in connection with Nabinagar P.S. Case No. 218 of 2023.

Patna High Court CR. MISC. No.23752 of 2024(4) dt.26-07-2024 3/3

The observations in this order are only for the

purposes of bail.

(Sandeep Kumar, J)

Saif/-

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