Bhalu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35129 of 2017 Arising Out of PS.Case No. -188 Year- 2003 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Bhalu Sah Son of Sri Bhagwan Sah, Resident of Village- Ichari, P.S. Ayar, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Jagdishpur P.S.Case No.188 of 2003, registered for offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

It appears that the petitioner has been declared absconder. In this case, the charge-sheet has been submitted showing the petitioner as absconder and the petitioner is cousinfather-in-law of the deceased. The case is under Section 304B of the IPC.

Submission of the learned counsel for the petitioner is that as a matter of fact the case has been compromised by the informant and the father-in-law & other persons and in such impression, the petitioner has not appeared in this this case and

Patna High Court Cr.Misc. No.35129 of 2017 (2) dt.04-08-2017 2/2 later on when the police came in search of him, he realized that the case is still pending. Now he has surrendered and the petitioner is aged about 60 years and he is in custody for ten 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 learned C.J.M., Bhojpur at Ara in connection with Jagdishpur P.S.Case No.188 of 2003.

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, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T