Omprakash Jha @ Chullho Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8573 of 2019 Arising Out of PS. Case No.-88 Year-2017 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== OMPRAKASH JHA @ CHULLHO JHA, aged about 52 years, (M) Son of Kisundeo Jha Resident of Village - Pahsara, PS - Naokothi, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Naokothi P.S. Case No. 88 of 2017 registered for the offence punishable under Sections 304 (B) and 34 of the Indian Penal Code.

Informant who is the mother of deceased has stated in her fardbeyan that on 15.09.2017 she received information by one Kailash Jha that the FIR named accused including petitioner have killed her daughter Priti Kumari by assault. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is father-in-law of the deceased. Deceased met an accidental death as she slipped from the staircase and got injured and

Patna High Court CR. MISC. No.8573 of 2019(2) dt.11-03-2019 2/3 subsequently died. He is living separately from his son and he has no concern with the affairs of deceased or his son. Allegation against him is general and omnibus in nature. Petitioner has got no criminal antecedent and is in custody since 16.08.2018.

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 J.M. 1st Class, Begusarai, in connection with Naokothi P.S. Case No. 88 of 2017, 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 evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.8573 of 2019(2) dt.11-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T