Surendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 739 of 2018 Arising Out of PS.Case No. -95 Year- 2016 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Surendra Patel S/o Vijay Patel, R/o Village- Thakraha, P.S.- Thakraha, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Randhir Kumar No-1, Advocate For the S t a t e : Mr Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 302, 201 of Indian Penal Code.

It is submitted by the petitioner that the first information discloses that there is a single blow upon the wife of the informant who happens to be the petitioner's Bhabhi in a rage on 18.06.2016 where after she was treated at the Hospital. It is only on the next day that is 19.06.2016, she again fell ill when she was taken to the Hospital by the petitioner himself for treatment. It is submitted that the petitioner is in custody since 20.09.2017 and that no case would be made out for the offences under which the first information report has been lodged. It is further submitted that from the first information report, it is apparent that

Patna High Court Cr.Misc. No.739 of 2018 (2) dt.12-01-2018 2/2 cremation was done on 19.06.2016 itself. It is submitted that during investigation, no cogent evidence has come against the petitioner and that even after framing of charges on 08.06.2017, no evidence has been led in the case.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Bagaha, West Champaran in Thakraha Police Station Case No 95 of 2016 subject to the following conditions:

(i) That 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 the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That 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) M.E.H./- U T