Shyam Sunder Karak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55180 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -JOGBANI District- ARRARIA ====================================================== Shyam Sunder Karak Son of Sita Ram Karak, Resident of VillageMeerganj, P.S. Jotbani, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : M/s Anil Prasad Singh and Vijay Kishore Bharti, Advs.

For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 The application is for grant of regular bail in connection with Jogbani P.S. Case No. 91 of 2015 registered for offences under sections 302 and 120(B) of the Indian Penal Code. It has been submitted on behalf of the petitioner that though the first information report has been lodged under section 302 of the Indian Penal Code for killing the deceased. It has further been submitted that the deceased was the second wife of the petitioner, but it has also come that she had already married with another person and she had also some relation with the other person and there is no eye witness of the occurrence. The petitioner has remained in custody for about seven months. Heard learned A.P.P. also. Learned A.P.P. could not controvert the aforesaid fact and has admitted that whatever is

Patna High Court Cr.Misc. No.55180 of 2016 (3) dt.30-01-2017 2/2 there that is only hearsay.

Having heard both sides. In view of the fact that there is no direct allegation against the petitioner except that the dead body of the victim was found in front of the hotel, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 91 of 2015, subject to the condition that (i) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of concerned court and (ii) the petitioner will cooperate in the disposal of the case and make himself available on each and every date as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, will make liable for cancellation of his bail bonds.

Accordingly, this petition is allowed.

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