Chandradeo Rai @ Chanardeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9084 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== CHANDRADEO RAI @ CHANARDEO RAI Son of Late Jhapas Rai Resident of Village- Kataruchak Mohammad, P.S. Vaishali (Belsor O.P.) District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.09.2018 in connection with Vaishali P.S. Case No. 246 of 2018 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Ganita Devi has been tortured and done to death by the petitioner and other inlaws family. It has been submitted by the learned counsel for the petitioner that he is innocent and is the father-inlaw of the deceased, aged 65 years. He submits that

Patna High Court Cr.Misc. No.9084 of 2019(2) dt.18-02-2019 2/3 general and omnibus allegations have been levelled against the petitioner, husband has already surrendered and is in custody since 06.02.2019. It is further submitted that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 246 of 2018, subject to the following conditions : 1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates

Patna High Court Cr.Misc. No.9084 of 2019(2) dt.18-02-2019 3/3 without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T