Satya Narain Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.5568 of 2016 (4) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5568 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Satya Narain Rai son of Dhurendra Rai Resident of Village - Salempur, P.O. and P.S. - Pipra Kothi, District - East Champaran..... .... Petitioner

Versus

1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. M. Rab, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 86 of 2015 registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code. Allegedly, the petitioner crushed Amar Rai, the son-inlaw of the informant, intentionally by truck causing his death at the door itself and the occurrence was seen by Anita Devi the wife of the deceased.

Submission is of false implication and that there was no intention to commit murder, it was an accidental death, the informant after realizing the truth has filed compromise petition and as such the petitioner deserves sympathetic consideration to which learned APP submits that Anita Devi has also signed the

Patna High Court Cr.Misc. No.5568 of 2016 (4) dt.31-03-2016 compromise petition.

In the facts and circumstances stated above, considering that now the informant and eye witness are retracting from their earlier version, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 86 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T