Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26270 of 2022 Arising Out of PS. Case No.-27 Year-2020 Thana- SIGAUDI District- Patna ====================================================== SONU KUMAR S/O BALESHWAR PRASAD R/o village- Chakmahbli, P.O.- Koshut, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Ritwik Thakur Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, Advocate For the Informant :

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 8.2.2022 (Annexure-1) giving liberty to the petitioner to renew his prayer for bail after framing of charge. Referring to the order dated 7.4.2022 (Annexure-5) passed by the learned Additional District & Sessions Judge III, Danapur, it is submitted that charges have been framed against the petitioner in the learned trial court and he undertakes to cooperate in the trial. The petitioner is in custody since

Patna High Court CR. MISC. No.26270 of 2022(2) dt.22-06-2022 2/3 17.11.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner is the husband of the deceased who has actively participated in the occurrence. The witnesses are being examined in the learned trial court and once the petitioner is enlarged on bail he will not cooperate in the trial. Having heard learned counsel for the parties and taking into consideration the facts of the case, the liberty granted to the petitioner by the earlier order of rejection dated 8.2.2022 (Annexure-1), charges having been framed in the learned trial court and the petitioner having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with Sigaudi P.S. Case no. 27 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Danapur, Patna.

It is further directed that the petitioner shall remain physically present in court on each date and shall cooperate in the trial.

Patna High Court CR. MISC. No.26270 of 2022(2) dt.22-06-2022 3/3 In case the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Spd/- U T