Santosh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80265 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== Santosh Bind Son of Nageshwar Bind, Resident of Village- Jinpura Police Station- Khiri More, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Khiri More Police Station Case No. 13 of 2018, disclosing offences punishable under Sections 341, 323, 325, 307, 302, 201 and 120(B) of the Indian Penal Code.

The petitioner is the husband of the deceased. The informant is said to have received information that her sister, who was married with the petitioner, had been killed by her in-laws. When the informant and his family members went to inquire about his sister, the co-accused persons are said to have assaulted them. Learned counsel, appearing on behalf of the petitioner, referring to the first information report, has submitted that the allegation is based on a vague information received through an unknown person, that the informant's sister had been killed by her in-

Patna High Court Cr.Misc. No.80265 of 2018(2) dt.23-01-2019 2/2 laws. I find substance in the said submission on perusal of the First Information Report.

It has been argued that the deceased was, in fact, suffering from food poisoning and she was taken to the doctor for treatment, but she succumbed to the ailment.

Considering the facts and circumstances, particularly, the fact that the allegation is vague and without any substantial basis, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, 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 A.C.J.M.-III in connection with Khiri More Police Station Case No. 13 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T