Bal Mukund Malakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21983 of 2017 Arising Out of PS.Case No. -451 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Bal Mukund Malakar, son of Late Ram Sevak Malkar, Resident of VillageBharat Tola, P.S. and District- Khagaria .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Arun Kumar Jha, Advocate For the Opposite Party : Mr. Ahtash Ali Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 05.04.2016 passed in Cr. Misc. 5817 of 2016, on the ground that the petitioner is suffering in custody since 27.10.2015, he is old father-in-law, though there is no specific allegation against the petitioner. The husband has already been allowed regular bail and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that the husband has been allowed bail vide order dated 19.11.2016 passed in Cr. Misc. No. 30090 of 2016 vide Annexure-3.
In the facts and circumstances stated above, petitioner is directed to be released on bail on execution of bail bond of Rs.
Patna High Court Cr.Misc. No.21983 of 2017 (2) dt.28-06-2017 2/2 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Khagaria, in connection with Khagaria P.S. Case No. 451 of 2015 giving rise to S.C. No. 105 of 2016/S.C. No. 223 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.) Rajiv/- U T