Sichan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60216 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Sichan Bind son of Kanhaiya Bind resident of Gosaishipur, P.S. - Durgawati, District - Kaimur (Bhabua) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 341, 323, 302 and 506 of the IPC. Counsel for the petitioner submits that from perusal of the FIR itself it is obvious that while the petitioner was engaged in quarrel with his sister, the victim had intervened and thereby sustained injuries leading to his death. No ingredient of section 302 IPC is attracted against the petitioner rather at best the allegation against the petitioner would fall under section 323 IPC, which fact has also been realized by the informant, as reflected in the impugned order of the learned Sessions Judge, Kaimur. Petitioner is in custody since 30.10.2017 having no antecedent. Charge sheet has also been filed in the case. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Chand Police Station Case No. 150 of 2017 on the following

Patna High Court Cr.Misc. No.60216 of 2017 (2) dt.20-12-2017 conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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