Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3300 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Suresh Prasad son of Lildhari Mahto Resident of Village - Bhawani Bigha, Police Station- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 263 of 2018 instituted for the offence under Section(s) 302/34 of the Indian Penal Code. Learned counsel for petitioner has submitted that petitioner is father of the deceased and informant is wife of the deceased.

The informant has alleged in the written report that her husband has been murdered in her Sasural by this petitioner and other family members due to altercation.

Case diary has been received, wherein, postmortem report is available.

In the case diary, police has recorded statement of

Patna High Court CR. MISC. No.3300 of 2019(5) dt.02-04-2019 2/3 witnesses in paragraph nos. 33 and 55, wherein, they have given their statement as eye-witnesses and they have alleged that Randhir Prasad assaulted with iron rod to the husband of the informant. Informant is not an eye-witness to the occurrence. She has stated that she got information on phone and thereafter, she came to Nawada Hospital and found her husband dead.

Petitioner is in custody since 01.08.2018.

Considering the aforesaid, let the petitioner, above named, 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 the learned 1st Additional Sessions Judge, Nawada in connection with Warisaliganj P.S. Case No. 263 of 2018, Sessions Trial no. 412 of 2018, subject to the conditions that:

(i) Both the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

(iii) If petitioner tamper with the evidence in the case,

Patna High Court CR. MISC. No.3300 of 2019(5) dt.02-04-2019 3/3 prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T