Raisen Baski v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33501 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- CHAKAI District- Jamui ====================================================== 1.
Raisen Baski Son of Thamus Baski Resident of Village - Pipra Sundara Tola, P.S.- Chakai, Dist.- Jamui 2.
Pramod Baski Son of Thamus Baski Resident of Village - Pipra Sundara Tola, P.S.- Chakai, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.
The petitioners seek bail in Chakai P.S. Case No. 237 of 2020, registered for the offence punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution case, informant's husband Shyamlal Murmu had gone to bring toddy, but the shopkeeper of toddy shop informed her that uptill now Shyamlal Murmu has not reached for taking toddy, on such information, informant's son contacted his father, but he did not receive the call. During course of search, family members and informant found the dead body of her husband lying and his neck was cut. It is further alleged that prior to the alleged occurrence petitioners along with other have threatened her husband of dire consequence and
Patna High Court CR. MISC. No.33501 of 2021(3) dt.21-10-2021 2/2 she suspects that due to previous enmity they killed her husband.
It is submitted on behalf of the petitioners that informant is not the eye-witness of the occurrence. There is no cogent material against petitioners which shows their complicity in the alleged occurrence. They have been made accused only on suspicion. Petitioners are in custody since 25.12.2020. Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Vth, Jamui in connection with Chakai P.S. Case No.
237 of 2020, subject to following conditions:- (i) The petitioners 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 in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below. (ii) If the petitioners tamper 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 petitioners.