Patna High CourtCR. MISC./56726/2018bail granted

Santosh Das v. The State Of Bihar

2018-10-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56726 of 2018 Arising Out of PS.Case No. -136 Year- 2012 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Santosh Das S/o Gultain Das, R/o Vill.- Phulhara, P.S.- Kalyanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/328/34 of the Indian Penal Code.

Petitioner is husband of the victim of unnatural death after eight years of her marriage. Submission is that the police after investigation submitted final form for the reason that the informant had filed a petition before the police that under some misinformation the case was lodged. Thereafter, after six years cognizance was taken by the Court below after notice to the informant.

Patna High Court Cr.Misc. No.56726 of 2018 (2) dt.26-10-2018 P2/ Considering the aforesaid factual position, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Kalyanpur Police Station Case No. 136 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./R.RanjanU T