Dubang Hembrum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2125 of 2016 Arising Out of PS.Case No. -216 Year- 2015 Thana -POTHIYA District- KISANGANJ ======================================================

1. Dubang Hembrum, Son of Late Mishtri Hembrum, resident of Dhobidanga, Police Staton Pothia in the district of Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Abhay Kumar Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201 of the I.P.C Allegedly, Sunil Marandi, the son of the informant, was married to the daughter of the petitioner one year ago but the daughter of the petitioner was not liking him and on 31.08.2015 the dead body of son of the informant was found at Budhra Ghat. It is alleged that the petitioner after throttling Sunil Marandi killed him and threw the dead body in the river.

Submission is of false implication and that there is no direct evidence against the petitioner, no one has seen the petitioner committing the crime, there is nothing to show that the

Patna High Court Cr.Misc. No.2125 of 2016 (3) dt.28-03-2016 2/2 petitioner was seen with the deceased and only on suspicion the petitioner has been implicated resulting he is suffering in custody since 31.08.2015 having no criminal antecedent, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 Sri Abhishek Ranjan, J.M. 1st Class, Kishanganj in Pothia P.S. Case No. 216 of 2015/ G.R. No. 1485 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T