Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37268 of 2019 Arising Out of PS. Case No.-130 Year-2017 Thana- BHAWANIPUR District- Purnia ====================================================== RAJ KUMAR SAH S/o Anik Lal Sah R/o village- Madav Nagar, Tirasi, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 19.11.2018 in Criminal Miscellaneous No. 65015 of 2018 with liberty to renew his prayer for bail after completing one year of Jail custody.

Petitioner seeks bail in Bhawanipur P.S. Case No. 130 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the daughter of the Informant along with FIR named accused. Learned counsel for the petitioner submits that petitioner is husband of deceased and has been implicated in this case by his Father-in-Law on suspicion only. Deceased committed suicide by consuming poison. It has been submitted

Patna High Court CR. MISC. No.37268 of 2019(2) dt.24-07-2019 2/2 on behalf of the petitioner that petitioner is in custody since 02.05.2018 and he has completed more than one year of Jail custody.

Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bhawanipur P.S. Case No. 130 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers 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 petitioner. (S. Kumar, J) ranjan/- U