Ratan Sao @ Ratan Kumar @ Ratan Kumar Sao @ Ratan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.371 of 2019 Arising Out of PS. Case No.-157 Year-2017 Thana- SANDESH District- Bhojpur ====================================================== RATAN SAO @ RATAN KUMAR @ RATAN KUMAR SAO @ RATAN SAH S/o Late Madho Sai @ Late Madho Sao, Resident of village- Kori, P.S. Sandesh, District- Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ataul Haque For the Opposite Party/s :
Mr.Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Informant who is own brother of petitioner has alleged assaulting of his mother by iron rod as a result of which she died and he fled away.
It has been submitted on behalf of petitioner that the mother of the petitioner died due to fall from stair-case and due
Patna High Court CR. MISC. No.371 of 2019(4) dt.29-03-2019 2/3 to land dispute and family feud and he has been falsely implicated in this case. Alleged iron rod could not be found and recovered from place of occurrence. In post mortem report time elpased since death is 4-36 hrs. Petitioner has got no criminal antecedent and is in custody since 06.10.2018. 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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sandesh P.S. Case No. 157 of 2017, with following 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her 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,
Patna High Court CR. MISC. No.371 of 2019(4) dt.29-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U