Patna High CourtCR. MISC./33168/2016bail granted

Samsin Bin v. The State Of Bihar

2016-08-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33168 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -NAURANGIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Samsin Bin Son of Sarai Bin, resident of Village- Andharawar, Sirisiya, P.S. Naurangiya, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.04.2016 in connection with Naurangiya P.S. Case No. 11 of 2016 for the alleged offences under Sections 302, 201, 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the petitioner being the brother of the husband of the deceased had separated from them as far back as in the year 2012 itself. The accusation against the petitioner is highly improbable considering that the marriage between the deceased and his brother was solemnized about 14 years ago in 2002. The petitioner claims clean antecedents.

4. 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 A.C.J.M., Bagaha (West Champaran) in connection with Naurangiya P.S. Case No. 11 of 2016 on the following conditions -

Patna High Court Cr.Misc. No.33168 of 2016 (2) dt.24-08-2016 (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.

(iii) 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