Suraj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41960 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Suraj Thakur S/o Rameshwar Thakur, Resident of Village- Bairiya Taur, P.S.- Sirdalla, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sirdalla P.S. Case No. 165 of 2016 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Allegedly, the husband, father-in-law, mother-in-law, Nanand, brother-in-law and the petitioner after killing Poonam Devi, the daughter of the informant, burnt the dead body. Submission is of false implication and that the petitioner is co- villager having no concern with the family affairs of the deceased, or from her husband and in last paragraph the name of the petitioner has been disclosed. There is no allegation for demanding anything against the petitioner and as such the

Patna High Court Cr.Misc. No.41960 of 2016 (2) dt.18-10-2016 2/2 petitioner who is suffering in custody since 22.7.2016 he deserves sympathetic consideration as charge sheet has already been submitted and there is no chance of tampering with prosecution evidence.

Learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer for bail by submitting that against the petitioner also there is allegation for killing and burning the dead body.

In the facts and circumstances stated above, considering that there is no chance of tampering with prosecution evidence, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M-V, Nawada in connection with Sirdalla P.S. Case No. 165 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/-avin U T