Santosh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8153 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- PANDAUL District- Madhubani ====================================================== SANTOSH KUMAR DAS aged about 21 years, (M) Son of Bindeshwar Das Resident of Village - Amrit Ganj Lohat P.S. Pandaul District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Soban Asghar For the Opposite Party/s :
Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Pandaul P.S. Case No. 156 of 2018 (C.R.I. Case No. 1838 of 2018) registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Informant has stated in her written complaint that her husband left the house to attend a mobile call which was being made by one of his friend but thereafter he did not return and on next day his dead body was found on the outskirt of village. FIR is against unknown. It has been submitted that during investigation it has transpired that one Munna Kumar had illicit relation with Nilu Devi (informant) and allegation against Munna Kumar is that he in association with petitioner and one
Patna High Court CR. MISC. No.8153 of 2019(2) dt.27-02-2019 2/3 co-accused Krishan Kumar Das committed murder of deceased. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Except confessional statement of Munna Kumar there is no other incriminating materials against petitioner. Petitioner has got no criminal antecedent and is in custody since 12.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani, in connection with Pandaul P.S. Case No. 156 of 2018 (C.R.I. Case No. 1838 of 2018), with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court CR. MISC. No.8153 of 2019(2) dt.27-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) manoj/- U T