Patna High CourtCR. MISC./43109/2017bail granted

Rakesh Pathak v. The State Of Bihar

2017-09-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43109 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -PIPRAHI District- SHEOHAR ====================================================== Rakesh Pathak, Son of Late Baidyanath Pathak, Resident of VillageHarpur, P.S. Piprahi, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mrs. Sharda Kumari ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Piprahi P.S. Case No. 74 of 2016 (Sessions Trial No. 1 of 2017), disclosing offences under Sections 302, 201 and 379/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the husband of the deceased, in course of investigation, has confessed his guilt. The petitioner is the brother of the husband of the deceased and he has been implicated only because of his relationship with the husband of the deceased. He has also submitted that similarly circumstanced co-accused persons, namely,

Patna High Court Cr.Misc. No.43109 of 2017 (2) dt.21-09-2017 2/2 Shashi Devi, Radhey Shyam Pandey and Rupesh Tiwari, have been granted anticipatory bail by this Court vide order, dated 01.08.2017, passed in Cr. Misc. No. 17108 of 2017.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sheohar, in connection with Piprahi P.S. Case No. 74 of 2016 (Sessions Trial No. 1 of 2017), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T