Ajit Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9226 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== AJIT SAO aged about 32 years Son of Rameshwar Sao Resident of MohallaKurji, P.S.- Phulwarisharif District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lovekush Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of IPC of the Indian Penal Code.
Informant who is father of deceased in his written complaint has alleged that her daughter was married to petitioner 15 years before and from said wedlock a daughter was born who is of 7 years. It is alleged that after receiving information about death of her daughter from her Father-in-Law Informant came to the matrimonial home of his deceased
Patna High Court CR. MISC. No.9226 of 2019(2) dt.04-04-2019 2/3 daughter and maternal Grand daughter told that her mother was suffering from Cholera and father administered medicine to her and thereafter she died. There is no allegation of any assault or abuse against the petitioner of killing his daughter. It has been submitted that Informant had subsequently filed a petition admitting his mistake. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 03.07.2018 in Criminal Miscellaneous No. 36031 of 2018, 28.11.2018 in Criminal Miscellaneous No. 47861 of 2018 and 08.10.2018 in Criminal Miscellaneous No. 66982 of 2018. Petitioner has got no criminal antecedent and is in custody since 28.03.2018.
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 court below where the case is pending, in connection with Phulwarisharif P.S. Case No. 152 of 2018, 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
Patna High Court CR. MISC. No.9226 of 2019(2) dt.04-04-2019 3/3 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 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U