Patna High CourtCR. MISC./41091/2018bail granted

Jai Kishore Ram v. The State Of Bihar

2018-10-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41091 of 2018 Arising Out of PS.Case No. -167 Year- 2015 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Jai Kishore Ram Son of Mohan Ram, resident of Village- Dudhiyawa, Sareya, Gadhwa Tola, P.S. Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 The petitioner is in custody since 16.05.2018 in connection with Paharpur P.S. Case No. 167 of 2015, registered for offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

Allegation against the petitioner, who happens to be the husband of the deceased, is of strangulating the deceased to death.

Submission of learned counsel for the petitioner is that there in no eye witness of the occurrence and from the statement of the sons of the deceased, which is at para nos. 6 and 7 of the case diary, it is evident that the deceased had committed suicide. Further submission is that the charge-sheet has also been submitted under Section 306 of I.P.C. Petitioner is in custody since 16.05.2018.

Patna High Court Cr.Misc. No.41091 of 2018 (4) dt.11-10-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Paharpur P.S. Case No. 167 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 to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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