Rama Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78387 of 2018 Arising Out of PS. Case No.-127 Year-2015 Thana- PALIGANJ District- Patna ====================================================== Rama Shankar Das Son of Bira Das, resident of Village- Bhorahua English, Police Station- Paliganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Paliganj P.S. Case No. 127 of 2015 registered for the offence punishable under Sections 328, 302/34 of the Indian Penal Code and Section 306/34 of the Indian Penal Code. Informant has alleged that while he had gone outside to earn his wages he was informed that his wife has been killed by the FIR named accused, however, after investigation the police found that she has committed suicide and made the petitioner who was informant of the case as an accused and submitted charge sheet under Section 306 of IPC after two years. Petitioner has no criminal antecedent and he is in custody since 29.05.2018.

Patna High Court Cr.Misc. No.78387 of 2018(3) dt.18-02-2019 2/2 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 S.D.J.M., Danapur, in connection with Paliganj P.S. Case No. 127 of 2015 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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 cancellation of bail of the petitioner.

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