Satrudhan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.49573 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49573 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Satrudhan Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2017 Counsel for the petitioner and the State are present. Petitioner is an accused in a case registered for offence under sections 304B/34 IPC.

Petitioner, being father-in-law of the victim, has been made accused in the instant case lodged for offence under sections 304B/34 IPC. Counsel for the petitioner submits that subsequent to lodging of the FIR dated 22.7.2017 by the informant (father of the deceased) a petition (Annexure 2) has been filed by the informant in the court of the CJM, Vaishali at Hajpur, wherein he has retracted from the allegation. In fact, in the said petition he has stated that the petitioner was not present even at the house at the time of occurrence. Petitioner is in custody sine 22.7.2017.

Considering the aforesaid submissions and the fact that

Patna High Court Cr.Misc. No.49573 of 2017 (2) dt.18-10-2017 the petitioner has no antecedent, the bail application is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Vaishali at Hajipur in Rajapakar (Baranti OP) Police Station Case No. 93 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi./- U T