Bharat Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48546 of 2015 Arising Out of PS.Case No. -751 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Bharat Rajak Son of Nandu Rajak Resident of Mohalla - Badi Khanjapur, P.S. Barari, District - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 341, 307, 438-A, 34 and 304 B of the I.P.C The petitioner is the brother-in-law of the deceased who in her dying declaration alleged that the petitioner and other in-laws poured kerosene oil on her and the husband lit fire on her body.
Submission is of false implication and that the petitioner is residing separately since long. Co-accused Mamta Devi and Nandu Rajak have already been allowed bail and as such
Patna High Court Cr.Misc. No.48546 of 2015 (3) dt.04-12-2015 2/2 the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not oppose.
In the facts and circumstances as stated above, 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 C.J.M. Bhagalpur in Kotwali P.S. Case No. 751 of 2014, 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