Patna High CourtCR. MISC./36867/2016bail granted

Rash Bihari Sao @ Rash Bihari v. The State Of Bihar

2017-01-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36867 of 2016 Arising Out of PS.Case No. -57 Year- 2013 Thana -PATNA CITY CHOWK District- PATNA ====================================================== RASH BIHARI SAO @ RASH BIHARI, son of Tripurari Sao, resident of Mohalla - Ajgara, P.S.- Pandarak, District- Patna, At Present- renter of Ajit Kumar at Mohalla - Lallu Babu Ka Kucha, P.S.- Chowk, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate. For the Opposite Party/s : Mr. Binod Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.

The petitioner seeks bail in Chowk P.S. Case No. 57/2013 registered under Section 302 and other sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 20.03.2015 passed in Cr. Misc. No. 4042 of 2015 with a direction to the trial court to expedite the trial and conclude the same within nine months but even after lapse of about one year and nine months, only a single witness has been examined. There is no eye witness of the occurrence. The dead body of the wife of the petitioner was found inside the house and the house was locked from outside. The petitioner is in jail since 13.08.2013. The petitioner has already remained in jail for about 31⁄2 years.

Patna High Court Cr.Misc. No.36867 of 2016 (3) dt.18-01-2017 2/2 Considering the facts aforesaid, the above named petitioner 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 3rd Additional Sessions Judge, Patna City in Chowk P.S. Case No. 57/2013, corresponding to Sessions Trial No. 104/2014, subject to the condition that the petitioner shall appear on each and every date during the course of trial and one of the bailors shall be a close relation of the petitioner having substantial immovable property in his name.

(Prabhat Kumar Jha, J) Dilip/- U T