Ashok Uparjiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11390 of 2015 Arising Out of PS.Case No. -112 Year- 2014 Thana -CHHATAPUR District- SUPAUL ====================================================== Ashok Uparjiya Son of Kadamlal Uprajiya, resident of village- Rampur, Police Station- Chattapur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Binod Kumar No. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-06-2015 Heard Mr. Arun learned counsel for the petitioner, the informant and Mrs. Asha Kumari learned APP for the State. The petitioner seeks bail in Chattapur P.S. Case No. 112 of 2014 registered under sections 302/201 IPC. The husband of the petitioner was employed at Voda Phone tower. It is alleged that he went to the tower but did not return. A search was made but he was found traceless. The police was accordingly informed. Subsequently, his dead body was found deserted in the nearby field. The informant named four accused person along with some others unknown accuseds named in the FIR. The petitioner is not named therein. The contention of the petitioner is that in course of investigation some witnesses have expressed suspicion against the

Patna High Court Cr.Misc. No.11390 of 2015 (3) dt.25-06-2015 2 / 2 petitioner on the ground that he had some previous enmity with the deceased. Except the aforesaid there is nothing on record to implicate him. One named accused has since been released on anticipatory bail vide order dated 25.05.2015 passed in Cr. Misc. No. 13148 of 2015 copy whereof has been handed in by Mr. Arun which is taken on record and marked 'X'. It is also submitted that the petitioner is languishing in jail since 24.11.2014 having no criminal antecedent.

Considering the facts and circumstances, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M. Supaul in Chhatapur P.S. Case No. 112/2014 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge the petitioner shall appear on each date fixed at the trial. Failure in appearance on two consecutive dates shall entail cancellation of his bail bonds.

(Kishore Kumar Mandal, J) HR/- U