Shib Ravidas v. The State Of Bihar

Patna High Court Cr.Misc. No.6831 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6831 of 2017 Arising Out of PS.Case No. -26 Year- 2014 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ====================================================== Shib Ravidas Son of Kamlesh Ravidas, Resident of Village- Sarilchak (Dangrapar), Police Station- Nalanda, District- Nalanda..... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Ganesh Sharma For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 19.01.2016 passed in Cr. Misc. No. 30920 of 2015, on the ground that the petitioner is suffering in custody since 26.02.2014 and in near future the trial is not likely to be concluded as only one prosecution witness has been examined up-till-now though there was direction to conclude the trial within nine months.

Learned APP opposes the prayer of bail by submitting that the petitioner is the husband and the allegation finds support in the medical evidence also.

In the facts and circumstances stated above, considering that there is no chance of tampering with prosecution evidence

Patna High Court Cr.Misc. No.6831 of 2017 (2) dt.22-02-2017 and in near future the trial is not likely to be concluded and as such considering the period of detention, the petitioner 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 the learned 3rd Additional Sessions Judge, Nalanda at Biharsharif in S. T. No. 474 of 2015 arising out of Nalanda P.S. Case No. 26 of 2014, 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