Piru Kewat @ Peru Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47720 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== PIRU KEWAT @ PERU KEWAT S/o JANTU KEWAT R/o VILLAGEBALMAT BIGHA, P.S-ISLAMPUR, DISTRICT-NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Islampur P.S. Case No. 40 of 2020 registered for the offence under Sections 364, 302/34 of the Indian Penal Code.

As per the prosecution case, mother of the informant had gone to provide food to the father of the informant at Dalan and thereafter, she became traceless. The whole night, the informant and his family members tried to search her, but she could not be traced out. In the next morning at about 6 AM, the dead-body of the mother of the informant was found lying in the field of one Sikrati Kewat. It is further alleged that few dates prior to the occurrence, some dispute arose between the family of informant and one Chandan Kumar over irrigating the field and

Patna High Court CR. MISC. No.47720 of 2021(3) dt.22-03-2022 2/3 hence, the informant raised suspicion that this petitioner along with other four accused persons, named in the FIR, have committed the murder of his mother by strangulation. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that there is no eye witness to the alleged occurrence. He further submits that there is no motive to kill the mother of the informant. Moreover, the co-accused, namely, Bajrangi Kewat has already been granted bail by a coordinate Bench of this Court vide order dated 13.04.2021 passed in Cr. Misc. No. 6365 of 2021. The petitioner is rotting in judicial custody since 16.01.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned A.C.J.M., Hilsa, Nalanada in connection with Islampur P.S. Case No. 40 of 2020 with the following conditions:-

(1) Petitioner 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

Patna High Court CR. MISC. No.47720 of 2021(3) dt.22-03-2022 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T