Binda Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.2163 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2163 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -HULASGANJ District- JEHANABAD ====================================================== Binda Prasad, Son of Baldeo Yadav, Resident of Village- Nansut Bigha, Police Station- Chhabilapur, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.08.2017 in connection with Hulasganj P.S. Case No. 97 of 2017 for the alleged offences under Sections 302, 304(B), 328, 341, 323, 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and being the father of the 'gothni' of the deceased he has no concern whatsoever with the matrimonial matters of the deceased and her immediate matrimonial family and lives separately. The allegations against him are general and omnibus in nature. The husband of the deceased is already in jail custody. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with

Patna High Court Cr.Misc. No.2163 of 2018 (2) dt.16-01-2018 Hulasganj P.S. Case No. 97 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T