Sharmanand Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4365 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sharmanand Patel son of Ramdeni Patel Resident of Village- Jagiraha, P.S.- Kundwa Chainpur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code. Petitioner is brother of co-accused Parmanand Patel @ Parmanand Singh. Wife of Parmanand Patel died after 12 years of marriage in her matrimonial house. Allegation is that the family members committed her murder.
Submission is that there is no eye-witness of the occurrence. Petitioner has got no criminal antecedent. Doctor has found a case of strangulation.
Considering the facts that there is no eye-witness of the occurrence and investigation of the case is already
Patna High Court CR. MISC. No.4365 of 2019(3) dt.18-04-2019 2/2 complete as well as petitioner is in custody since 11.10.2018, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kundwa Chainpur P.S. Case No. 124 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Banti/Rajan U T