Ramayan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39678 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== Ramayan Thakur, S/o Babulal Thakur, resident of Village- Bazar Bathwariya, P.S.- Bathwariya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 26.04.2018 in connection with Chautarwa (Bathwariya) P.S. Case No. 52/2018 for offences punishable under Sections 302, 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her daughter Heena Khatoon had performed court marriage with the son of the petitioner Dhananjay Thakur six months back and she was tortured being of different religion by the petitioner and her husband who killed her.
It has been submitted by the learned counsel for the petitioner that he is innocent, being the father-in-law
Patna High Court Cr.Misc. No.39678 of 2018(3) dt.07-09-2018 2/3 of the deceased he has been falsely implicated in the aforesaid case. He submits that husband is already in custody since 21.03.2018 and charge-sheet has been submitted under Section 306 of the IPC and not under Section 302 of the IPC and there is no allegation of tampering of the prosecution witnesses.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Addl. Chief Judicial Magistrate-1st, Bagha, District- West Champaran in connection with Chautarwa (Bathwariya) P.S. Case No. 52/2018, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(ii) Petitioner will appear before the learned court below during trial as and when required and
Patna High Court Cr.Misc. No.39678 of 2018(3) dt.07-09-2018 3/3 failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/Pragya U T