Parikha Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55662 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -MEHANDIA DistrictJEHANABAD ===================================== Parikha Rajbanshi, son of Ramchandra Rajbanshi, Resident of Village- Ismilepur, Police Station- Mehandia, in the District of Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Uday Pratap Singh ===================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This is a case registered for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner is the father-in-law of the deceased. It is submitted that information was provided, with respect to the victim, to the informant on telephone by the husband of the deceased. Thereafter, the present case has been

Patna High Court Cr.Misc. No.55662 of 2017 (2) dt.12-12-2017 2/3 lodged falsely implicating the petitioner and other family members on the basis of false and omnibus allegation. No specific allegation has been made against the petitioner. Similarly situated Dewar of the victim and mother-in-law of the victim have been granted anticipatory bail vide order, dated 29.11.2017, passed in Cr. Misc. No. 55327 of 2017. Another accused Dewar of the victim has been enlarged on bail vide order, dated 08.12.2017, passed in Cr. Misc. No. 53494 of 2017.

Considering the aforesaid submissions and the fact that the petitioner is in custody since 28.11.2016, having clean antecedent, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 learned Chief Judicial Magistrate, Arwal, in connection with Mehandia P.S. Case No. 51 of 2016, subject to the conditions:

(i) That 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 the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking

Patna High Court Cr.Misc. No.55662 of 2017 (2) dt.12-12-2017 3/3 that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial, in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That 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) Praveen-II/- U T