Satyendra Pal @ Satendra Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55945 of 2015 Arising Out of PS.Case No. -107 Year- 2014 Thana -SIKRAUL District- BUXAR ====================================================== SATYENDRA PAL @ SATENDRA PAL Son of Nirmal Pal, Resident of Village: Sikraul P.s Sikraul District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Smt. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Sikraul P.S. Case No. 107 of 2014 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Allegedly, Lalsa Kuamri, the daughter of the informant was married to petitioner on 07.03.2014 and due to non-fulfillment of demand of Hero Honda motorcycle or cash of Rs. 50,000/-, she was ultimately killed by the petitioner and other in-laws and made the dead body traceless.
Submission is of false implication and that the wife of the petitioner fell ill, she was brought for treatment at Buxar Sadar Hospital but she was not saved, information was given to the informant and in his presence, the dead body was cremated but after five days the informant lodged this case being instigated by
Patna High Court Cr.Misc. No.55945 of 2015 (3) dt.10-02-2016 2/2 some enemies of the petitioner but now good sense has prevailed and informant has filed petition stating the innocence of the petitioner vide annexure-4 and, as such, the petitioner who is suffering in custody since 19.12.2014 deserves sympathetic consideration to which the learned APP opposes by submitting that the petitioner is the husband.
In the facts and circumstances stated above, considering that now the informant is retracting from his earlier version and further considering that the First Information Report, has been lodged after five days of the occurrence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned CJM, Buxar in connection with Sikraul P.S. Case No. 107 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T