Lulu @ Simab @ Lilu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78526 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Lulu @ Simab @ Lilu, son of Late Rizwan, Resident of MohallaSadaruddinchak, P.S. Habibpur, Districtn -Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Sri Shailendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 302 of the Indian Penal Code.

Informant has alleged in his fardbeyan that on 01.10.2017 at about 7 P.M. her husband Md. Saddam had gone to see the fair at Shahjangi field but thereafter he did not return. She suspected that petitioner had altercation with some unknown person and she suspected that he must be instrumental in killing his husband.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.78526 of 2018(4) dt.08-03-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case only on the basis of suspicion. He has no criminal antecedent and is in custody since 16.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Habibpur P.S. Case No. 83 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court CR. MISC. No.78526 of 2018(4) dt.08-03-2019 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T