Rajendra Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10575 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Rajendra Pandit, Son of Late Bhogan Pandit, resident of Village- Bailahi, P.S.- Singhiya, District- Samastipur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-18 of the petition in the course of the day.
Heard learned counsel for the petitioner.
This is an application for bail in connection with Sessions Trial No. 730 of 2016, arising out of Singhiya P.S.Case No. 110 of 2016 registered for the offences punishable under Sections 302 and 304B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner is father-in-law of the deceased and he is aged 65 years, as he has stated in paragraph-12 of the petition on oath. It has further been submitted that there is no eye-witness to the occurrence and allegation is that both father and son had killed the
Patna High Court Cr.Misc. No.10575 of 2017 (3) dt.08-04-2017 2/3 deceased by stabbing her but in post mortem report there is only one stab injury was found and in confessional statement of husband of deceased he has admitted before police that he had stabbed her and petitioner is in custody for more than seven months.
Heard learned APP, who has opposed the prayer for bail stating that witnesses have also stated so that there is no eyewitness to the occurrence and in the post mortem report there is only one injury on the person of the deceased. Having heard both sides and in view of the facts and circumstances, as stated above and also considering the fact that petitioner is father-in-law aged 65 years, let the petitioner, above named, 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 Sessions Judge, Rosera, Samastipur, in connection with Sessions Trial No. 730 of 2016, arising out of Singhiya P.S.Case No. 110 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
Patna High Court Cr.Misc. No.10575 of 2017 (3) dt.08-04-2017 3/3 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