Nagendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50662 of 2015 Arising Out of PS. Case No. -92 Year- 2015 Thana -MADHUBAN District- EASTCHAMPARAN (MOTIHARI) ====================================================== Nagendra Sah, S/o late Jagarnath Sah, Resident of village Mangurbara P.S. Madhuban, District - East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 304B read with Section 34 of the Indian Penal Code registered in connection with Madhuban P.S. Case No. 92 of 2015.

3. It is submitted that the petitioner has been falsely implicated and he being uncle-in-law of the deceased had been living separately since December 2014. The accusations are general and omnibus in nature and there is no specific accusation against this petitioner.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.50662 of 2015 (2) dt.06-11-2015 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Shikarahana at Motihari, East Champaran in connection with Madhuban P.S. Case No. 92 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T