Ram Prakash Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14980 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Ram Prakash Kumar @ Guddu, son of Ramanuj Prasad Singh, resident of Village- Bhadharthi, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Nilesh Kumar, Advocates For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barbigha P.S.Case No. 352 of 2016 registered for the offences punishable under Sections 420, 302, 201, 406, 467, 468 and 471/34 of the Indian Penal Code.

Allegation as per FIR is that informant has asked the accused persons not to cremate the dead body of his father and he suspected that they have killed his father and cremated the dead body and further allegation is that a sale-deed was executed from him.

It has been submitted on behalf of the petitioner that except suspicion there is nothing against the petitioner and it has come in paragraphs 53 and 56 of the case diary that deceased died of natural death and petitioner is in custody for more than two months.

Heard learned APP also, who could not controvert the

Patna High Court Cr.Misc. No.14980 of 2017 (4) dt.01-05-2017 2/2 above submission.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Sheikhpura, in connection with Barbigha P.S.Case No. 352 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U