Pramod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28861 of 2021 Arising Out of PS. Case No.-161 Year-2011 Thana- KHAJAULI District- Madhubani ====================================================== PRAMOD DAS Son of Late Kishun Das Resident of Village- Babupali, P.S.- Khajauli, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Khajauli P.S. Case No. 161 of 2011 corresponding to Sessions Trial No. 25 of 2020, registered for the offence punishable under Sections 363, 364, 365, 120(B) of the Indian Penal Code.

As per the prosecution case, this petitioner who is one of the named accused in this case instituted on the basis of Complaint Case No. 1358 of 2011 with allegation of torture, assault.

It is submitted on behalf of the petitioner that petitioner is brother-in-law of the deceased and no specific overt act has been alleged against this petitioner. Petitioner is living

Patna High Court CR. MISC. No.28861 of 2021(2) dt.12-08-2021 2/2 separately and has got no concern with the affairs of deceased and her husband. Petitioner is in custody since 08.08.2019 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Additional District and Sessions Judge IX, Madhubani in connection with Khajauli P.S. Case No. 161 of 2011 corresponding to Sessions Trial No. 25 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T