Sudisth Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55059 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Sudisth Bhagat, S/o Sri Lakhan Bhagat, resident of Village- Khaira, Ward No.13 O.P.- Joint pus Police Station- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kalyan Shankar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 The petitioner is in custody since 16.09.2016 in connection with Saraiya P.S. Case No. 214 of 2015, registered for offences punishable under Sections 302, 328, 211, 323, 504 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner and informant are the heirs of one ancestor and there is existing land dispute between the parties. As a matter of fact the death of the deceased was caused in the year 2013 and the complaint has been lodged in the year 2015 and even according to complaint the petitioner has no role to play in the said offence rather it is alleged in the complaint petition that it is the petitioner's daughter, bitten the deceased. Petitioner has been

Patna High Court Cr.Misc. No.55059 of 2016 (3) dt.08-02-2017 2/3 languishing in judicial custody since 16.09.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is no specific allegation against the petitioner and also the death was caused to the deceased in the year 2013, whereas the complaint was filed in the year 2015, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, West Muzaffarpur, in connection with Saraiya P.S. Case No. 214 of 2015, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.55059 of 2016 (3) dt.08-02-2017 3/3 without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T