Chandan Rai @ Chandan Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10919 of 2019 Arising Out of PS. Case No.-122 Year-2017 Thana- KHAIRA District- Saran ====================================================== CHANDAN RAI @ CHANDAN KUMAR RAI Son of Aditya Rai R/o village- Kadipur , P.S- Khaira ( Nagra O.P), District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.Tr. No. 791 of 2018 arising out of Khaira (Nagra) P.S. Case No. 122 of 2017 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. Petitioner had earlier moved this Court for anticipatory bail vide Criminal Miscellaneous No. 31798 of 2018 dated 27.06.2018 which was dismissed and thereafter a regular bail of the petitioner vide order dated 11.10.2018 passed in Cr. Misc. No. 56415 of 2018 was dismissed as withdrawn. Allegation against petitioner is of killing the grand daughter of the informant by strangulation due to nonfulfillment of demand of dowry.

Patna High Court CR. MISC. No.10919 of 2019(2) dt.26-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is husband of the deceased and he is employee of Indian Oil Company in Assam and on the alleged date of occurrence he was not present there. There is no specific allegation against petitioner. Petitioner has no criminal antecedent and he is in custody since 17.07.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-X, Saran, Chapra, in connection with S.Tr. No. 791 of 2018 arising out of Khaira (Nagra) P.S. Case No. 122 of 2017 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his

Patna High Court CR. MISC. No.10919 of 2019(2) dt.26-02-2019 3/3 bail bond.

(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) veena/- U T