Hira Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.7399 of 2017 (2) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7399 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Hira Thakur, son of Late Thaga Thakur, resident of Village- Korigama, Police Station- Baruraj District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Mohan Mishra For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Baruraj P.S. Case No. 66 of 2016 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code, At the very outset, it is submitted that the petitioner and other co-accused have been allowed pre-arrest bail vide Cr.Misc. No. 46787 of 2016 order dated 07.12.2016 by another co-ordinate Bench of this Court but before that the petitioner was already apprehended and remanded into judicial custody and as such the petitioner who is an old father-in-law having no concern with the deceased or her husband deserves sympathetic consideration. Learned APP fairly submits that the petitioner was allowed pre-arrest bail but before that he was already apprehended. In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.7399 of 2017 (2) dt.18-03-2017 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 Sri Amit Kumar Tiwary, Judicial Magistrate Ist Class, Muzaffarpur in connection with Baruraj P.S. Case No. 66 of 2016, subject to the conditions that one of the bailors must be a 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) avin/- U T