Fekan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21657 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Fekan Bhagat, S/o Manik Chand Bhagat, Resident of Village- Jhala Palasi, P.S.- Palasi, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate Mr. Ravish Kumar, Advocate For the Opposite Party/s :

Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Forbesganj Simraha P.S. Case No.110 of 2020 instituted for the offence punishable under Sections 498A, 304B, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.21657 of 2020(2) dt.06-07-2020 2/3 The F.I.R. has been lodged alleging offence under Section 304B, 498A and 34 of the I.P.C.

Submission is that the petitioner is a distant relative and residing about 40 Kms. away from the in-laws of the deceased. Other than suspicion in the First Information Report, there is no basis for petitioner's implication. He is having clean antecedents. Chargesheet has been submitted after completion of investigation. The petitioner is in custody since 14.02.2020. It is further submitted that the husband of the victim is already behind bars.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Araria, in connection with Forbesganj Simraha P.S. Case No.110 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the

Patna High Court CR. MISC. No.21657 of 2020(2) dt.06-07-2020 3/3 petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T