Patna High CourtCR. MISC./35607/2014bail granted

Dinesh Ram v. The State Of Bihar

2015-01-27Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35607 of 2014 Arising out of P. S. Case No. - 129 Year - 2013 Thana - MUSAHRI District - MUZAFFARPUR ======================================================

1. Dinesh Ram, Son of Late Chulhai Ram, Resident of village - Mominpur, P.S. - Mushahri, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 27-01-2015 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 it is not a case of Section 304B of the Indian Penal Code which would entitle to the prosecution to raise presumption against the accused persons. There is no direct allegation against the petitioner who is the husband of the deceased, 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 Chief Judicial Magistrate, Muzaffarpur in connection with Mushari P.S. Case No. 129 of 2013 subject to the following conditions:- (i) That one of the bailors will be a close relative of

Patna High Court Cr.Misc. No.35607 of 2014 (4) dt.27-01-2015 the Petitioner who will give an affidavit giving genealogy as to how he is related with 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 Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Kundan (Anjana Prakash, J.) U T