Ram Sanjeevan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11357 of 2020 Arising Out of PS. Case No.-89 Year-2013 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAM SANJEEVAN PANDIT Son of Ram Govind Pandit Resident of Village - Masuraj, Police Station - Khodawandpur, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Sharma For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-06-2020 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 10.09.2018 in Criminal Miscellaneous No. 37730 of 2018 with liberty to renew his prayer for bail if the trial is not concluded within one year.

Petitioner seeks bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. It has been submitted on behalf of petitioner that more than one year and three months have elapsed and three witnesses have been examined out of seven witnesses and other

Patna High Court CR. MISC. No.11357 of 2020(3) dt.19-06-2020 2/3 four witnesses are formal witness apart from Doctor and I.O. Informant who is mother of deceased was examined by the Trial court where she has stated that her daughter died in accidental fire while cooking. Petitioner has got no criminal antecedent and is in custody since 13.04.2018.

Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sessions Trial No. 315 of 2018 arising out of Khodawandur P.S. Case No. 89 of 2013, 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.11357 of 2020(3) dt.19-06-2020 3/3 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U