Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31953 of 2014 Arising out of P.S. Case No. -66 Year- 2014 Thana -DALMIYA NAGAR SAHAYAK District- SASARAM (ROHTAS) =================================================== Dharmendra Kumar S/o Rajendra Singh Resident of Village - Jhakar Bigha, P.S.- Kachhwa, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv. For the Opposite Party/s: Mrs. Sucheta Yadav (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05.

19.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code.

Considering that there is no eye-witness to the occurrence and the Petitioner undertakes to be physically present on each date of trial, let him 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 as fixed by the Court to the satisfaction of Ad hoc Additional Sessions Judge-III, Rohtas in connection with Dehri (Dalmiyanagar) P.S. Case No. 66 of 2014 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit

Patna High Court Cr.Misc. No.31953 of 2014 (5) dt.19-01-2015 giving genealogy as to how he is related with the Petitioner and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

Vikash/- (Anjana Prakash, J.) U T