Kundan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4799 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Kundan Sao, Son of Sri Kishori Sao, Resident of Village- Pakari, P.S.- Parasbigha, District- Jehenabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.

This application has been filed in connection with Parasbigha P.S.Case No.90 of 2016 for the offence under Sections 302, 201 and 120(B) of the Indian Penal Code. It is submitted on behalf of the petitioner that he has no concern with the family affairs of the husband of the deceased as he is the brother and no specific allegation has been levelled against this petitioner.

Heard learned A.P.P. also, who does not controvert the aforesaid facts.

Having heard both sides. In view of the fact that the petitioner is brother of the husband of the deceased and there is no specific allegation against him, let the petitioner, above named,

Patna High Court Cr.Misc. No.4799 of 2017 (2) dt.14-02-2017 2/2 in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Bharti, Judicial Magistrate Ist Class, Jehanabad in connection with of Parasbigha P.S.Case No.90 of 2016 , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. 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 co-operate in the investigation of the case and make himself available as and when required by the Police 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.

With the aforesaid observation, this application is allowed (Vinod Kumar Sinha, J) chn/- U