Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27302 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Anil Sah, S/o Late Birenchi Sah, Resident of Village- Mahkhar, P.S.- Bakhtiyarpur, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bakhtiarpur P.S.case No.212 of 2016, registered for offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation against the petitioner and one co-accused person is of committing murder of his daughter. Submission of the learned counsel for the petitioner is that the informant claims to be eye witness of the occurrence but he is not eye witness and furthermore, death of the deceased actually has been caused one month prior and he has written in para of his petition that due to enmity, he has been falsely implicated in this case. He is father of the deceased. The petitioner

Patna High Court Cr.Misc. No.27302 of 2017 (3) dt.18-07-2017 2/2 is in custody for about five months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 C.J.M., Saharsa in connection with Bakhtiarpur P.S.Case No.212 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate 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, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U