← Library
Patna High CourtCR. MISC./43710/2014bail granted

Sanjay Kumar @ Sanjay Rai @ Sanjay Yadav v. The State Of Bihar

2015-02-04Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43710 of 2014 Arising Out of PS.Case No. -421 Year- 2013 Thana -KANKARBAGH District- PATNA ====================================================== Sanjay Kumar @ Sanjay Rai @ Sanjay Yadav S/O Mital Gope Resident of Mohalla- Sheikhpura, Raja Bazar, P.S.- Sheikhpura, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-02-2015 Heard learned counsel for the parties.

The petitioner is Nandosi, who is facing prosecution for offence under section 304B/34 of the Indian Penal Code, who is said to have done away the life of the deceased in league with the mother-in-law, namely, Sona Devi. Sona Devi has already been directed to be released on bail by this Court by an order dated 3.4.2014 in Cr.Misc.No. 10103/2014.

Thus, for maintaining the parity this Court would also direct for release of the petitioner, Sanjay Kumar @ Sanjay Rai @ Sanjay Yadav, on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Kumari Khyati Singh, Judicial Magistrate, 1st Class, Patna in Kankarbagh P.S.Case No. 421/2013, subject to the following conditions:

Patna High Court Cr.Misc. No.43710 of 2014 (3) dt.04-02-2015 (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

surendra/- (Mihir Kumar Jha, J) U