Sukahru Jamadar @ Sukharu Bind @ Sukhru Jamadar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11136 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Sukahru Jamadar @ Sukharu Bind @ Sukhru Jamadar Son of Late Ram Khelawan Bind Resident of village - Chistipur, P.S.- Asthawan, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.

Petitioner seeks bail, who is in custody since 13.10.2022 in connection with Harnaut P.S. Case No. 192 of 2022 , F.I.R. dated 20.04.2022 for the offences punishable under Sections 304 (B) and 34 of the Indian Penal Code. According to prosecution case, as per the written statement of the informant, the marriage of the deceased was solemnized with co-accused Ranjan Jamadar in the month of May, 2021. After marriage she was residing at her Sasural some days peacefully, thereafter all the accused persons including the petitioner have demanded a motor cycle, she returned back at the house of the informant but on 19.09.2022 in the night the

Patna High Court CR. MISC. No.11136 of 2023(2) dt.04-05-2023 2/3 said Ranjan Jamadar killed the informant Natani by strangulation in her room and fled away.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is father-in-law of the deceased. He further submits that from the bare perusal of the FIR, it transpired that there is specific allegation against the co-accused person namely Ranjan Jamadar, who is husband of the deceased and the petitioner has no role at all in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 13.10.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut P.S. Case No. 192 of 2022 , subject to the following

Patna High Court CR. MISC. No.11136 of 2023(2) dt.04-05-2023 3/3 conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be canceled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Aditi/Vikas U T