Harendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3583 of 2018 Arising Out of PS.Case No. -358 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Harendra Sah, Son of Balam Sah, resident of Village- Brahmpur, Police Station- Bhagwan Bazar, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.09.2017 in connection with Bhagwan Bazar P.S. Case No. 358 of 2017 for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his cousin sister was married to one Chitranjan Kumar three months back and for non-fulfillment of demand of motorcycle she has been administered poison by the petitioner who is father-in-

Patna High Court Cr.Misc. No.3583 of 2018 (3) dt.17-02-2018 2/3 law of the deceased, husband and other family members. It has been submitted by the learned counsel for the petitioner that he is innocent, is father-in-law of the deceased and has separate home and hearth with his son and deceased daughterin-law. He submits that husband is already in custody, chargesheet has been submitted and the allegations being general and omnibus.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Bhagwan Bazar P.S. Case No. 358 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on

Patna High Court Cr.Misc. No.3583 of 2018 (3) dt.17-02-2018 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T