Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7988 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Chandan Kumar, son of Sri Awadhesh Yadav, resident of VillageChhariyari, Police Station- Makhdumpur, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Makhdumpur P.S.Case No. 41 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and other accused persons that they have assaulted the deceased by Lorha and stone, due to which she died but in several paragraphs of the case diary it is stated that husband of the deceased had killed his wife and petitioners are in custody for more than one year.

Heard learned APP also.

Having heard both sides and considering the fact that there is general and omnibus allegation against all the accused

Patna High Court Cr.Misc. No.7988 of 2017 (2) dt.23-02-2017 2/2 persons of assault and petitioner has remained in custody for more than one year, 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 Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S.Case No. 41 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 the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U