Rohit Sadai @ Rohit Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33356 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== ROHIT SADAI @ ROHIT SADA S/o Late Ragho Sadai @ Ragho Sada Resident of Village- Mahapara, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Shama Sinha For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have pierced Gupi into the chest of informant's wife, who became unconscious after sustaining injuries and died on way to the hospital.

Learned counsel appearing for the petitioner submits that although in the FIR it is alleged that petitioner pierced Gupi into the chest of informant's wife but during the course of investigation the informant in his restatement alleged that Ram Chandra Sada pierced Gupi into the chest of his wife. The doctor in post mortem found one incised punctured wound on

Patna High Court CR. MISC. No.33356 of 2021(2) dt.02-09-2021 2/2 the left side of chest of deceased. Petitioner is in custody since 14.05.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Judicial Magistrate, 1st class, Darbhanga in connection with Bahadurpur PS case No. 168/2020 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

BKS/- (Prabhat Kumar Singh, J) U T