Hareram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27618 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- GURUA District- Gaya ====================================================== HARERAM SINGH Son of Deo Kumar Singh Resident of Village - Kartahi, P.S.- Gurua, Distt.- Gaya.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the State :
Mr.Nityanand, APP For the Informant Mr. Arvind Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in connection with Gurua P.S. Case No. 216 of 2020 registered for the offences punishable under Sections 302, 376 of the I.P.C.
According to prosecution case, marriage of
2/4 informant's daughter was solemnized with one Ravindra Singh and they lived in Delhi but during lockdown they returned to village and petitioner being co-villager also came with them. He further alleged that his son-in-law had borrowed some money from the petitioner. The petitioner had bad intention with his daughter and used to harass her. On 24.09.2020 he received information regarding murder of his daughter and went to her village where he knew that her daughter went for natural call at about 7:00 PM followed by petitioner. It is further alleged that two days before the occurrence the petitioner threatened her daughter to kill.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Learned counsel further submits that during investigation none of the witnesses have come forward to be eye witness of the occurrence. Petitioner is in custody since 26.09.2020.
Learned counsel for the informant as well as learned Additional Public Prosecutor on the basis of case diary submit that involvement of the petitioner has come in the case diary. Considering the aforesaid facts and circumstances as well as submissions of the parties and period of custody, let the
3/4 petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 216 of 2020, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) shahzad/- U T