Rajesh Sah @ Deepak Kumar Sah @ Deepak Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8951 of 2016 Arising Out of PS.Case No. -150 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajesh Sah @ Deepak Kumar Sah @ Deepak Kr. Son of Mishri Lal Sah Resident of village - Godhwa, P.S. Motihari Mufassil, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 302, 201 and 120 (B) of the I.P.C Allegedly, Sunil Sah, the nephew of the informant, was married to Sarswati Devi, the daughter of Ramji Sah, and out of the wedlock there is a son and allegedly Sunil Sah had gone to his in-laws house where he was killed by the in-laws and made the dead body traceless.
Submission is of false implication and that there is no eye witness of the occurrence, as a matter of fact, the petitioner is a distinct relation residing in another village, he has got no
Patna High Court Cr.Misc. No.8951 of 2016 (2) dt.25-04-2016 2/2 criminal antecedent, the father-in-law and other co-accused, namely, Ramji Sah and Sarswati Devi have been allowed regular bail vide Cr. Misc. No. 1961 of 2015, other co-accused Santosh Sah and others have been allowed pre-arrest bail and the petitioner is suffering in custody since 09.12.2015, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.
The learned A.P.P. fairly submits that other coaccused have been allowed bail. In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Motihari in Sugauli P.S. Case No. 150 of 2014, 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) Abhay/- U T