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Patna High CourtCR. MISC./5290/2017bail granted

Shiv Govind Thakur @ Shivgobind Thakur v. The State Of Bihar

2017-08-25Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5290 of 2017 Arising Out of PS.Case No. -140 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Shiv Govind Thakur @ Shivgobind Thakur, Son of Jhillu Thakur, Resident of Village- Sadullahpur, P.S.- Ramgarh, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 14.11.2016 in connection with Sessions Trial No. 56 of 2017/ 185 of 2017, arising out of Ramgarh P.S. Case No. 140 of 2016 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is, as lodged by the informant, is that his sister Suman Devi was married to the petitioner 20 years back and had three daughters, but 10 years back, he had married second time and out of the said wedlock also petitioner has three daughters. It is alleged that petitioner has killed his sister and

Patna High Court Cr.Misc. No.5290 of 2017 (6) dt.25-08-2017 2/3 disposed of her dead body.

It has been submitted by the learned counsel for the petitioner that he is innocent and allegations are vague, general and omnibus and that in the presence of the villagers cremation was done. He submits that deceased died a natural death as she was sick. He further submits that charge has been framed against the petitioner and one another on 23.05.2017. However, learned A.P.P. for the State opposes the prayer for bail stating therein that the witnesses have supported the prosecution case.

Considering the facts and circumstances and the materials on record and that charge has already been framed, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-VI, Kaimur at Bhabua in connection with Sessions Trial No. 56 of 2017/ 185 of 2017, arising out of Ramgarh P.S. Case No. 140 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his

Patna High Court Cr.Misc. No.5290 of 2017 (6) dt.25-08-2017 3/3 relationship with the petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T