Patna High CourtCR. MISC./16639/2015bail granted

Radhey Shayam Bind v. The State Of Bihar

2015-04-22Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16639 of 2015 Arising Out of PS.Case No. -51 Year- 2010 Thana -PALIGANJ District- PATNA ====================================================== Radhey Shayam Bind, Son of Natho Bind, Resident of Village - Torani, P.S. Paliganj, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. For the State : Mr. M. Rab (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-04-2015 Heard learned Counsel for the petitioner and the State. The petitioner was refused bail by the orders dated 14.3.2011, 9.5.2012 and 17.4.2013 passed in Cr. Misc. Nos.43001 of 2010, 2155 of 2012 and 1037 of 2013 respectively. The Petitioner was refused bail repeatedly since he was the husband of the deceased who had been found to have died on account of strangulation. Then the case went for trial and the family members and other witnesses were examined where no direct material was adduced against the Petitioner. Thereafter, the Prosecution case was closed but it was reopened. The Doctor has now been examined since the Doctor and Investigating Officer were not examined but the Investigating Officer is still traceless. Considering the aforesaid as also that the Petitioner

Patna High Court Cr.Misc. No.16639 of 2015 (2) dt.22-04-2015 2/2 undertakes to be physically present on each date of trial, let the petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of A.D.J. V, Danapur, in connection with Sessions Trial No. 344 of 2012 arising out of Paliganj P.S. Case No. 51 of 2010, subject to the conditions, (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the cousin of the Petitioner namely, Rajkumar Bind. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the Petitioner will be physically present on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) S.Ali/- U T