Sukhari Ram @ Wakil Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2285 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================
1. Sukhari Ram @ Wakil Ram S/o Bunnilal Ram, resident of VillageChiutaha, P.S. Baikunthpur, District Gopalganj. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ajeet Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 The appellant seeks regular bail in connection with Basantpur P.S. Case No. 06 of 2017, registered for offences punishable under Sections 302 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(V) of SC/ST (POA) Act. Allegation against the appellant is of killing the husband of the informant.
It has been submitted on behalf of the appellant that he has not been named in the F.I.R, his name has been dragged during the course of investigation only on suspicion as deceased and appellant had business rivalry. It has also been submitted that the deceased and her wife used run dance orchestra and several people used to come to their house and possibility of having different angle in the death of the deceased cannot be ruled out.
Further appellant has been in judicial custody since 22.04.2017. Heard learned Special P.P. also.
Having heard both sides, in view of the above facts, this appeal is allowed and impugned order is set aside. Let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Siwan, in connection with Basantpur P.S. Case No. 06 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant will not induce any witness or tamper with the evidence.
(iii) The appellant 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 reasons, the
prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T