Santosh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45975 of 2019 Arising Out of PS. Case No.-35 Year-2017 Thana- TARARI District- Bhojpur ====================================================== SANTOSH MEHTA Son of Virendra Singh @ Virendra Shahabadi Resident of Village - Kapurdihara, P.S.- Tarari, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner is of forcibly administering poison to his wife along with FIR named accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the deceased was impulsive and short tempered and due to quarrel between the petitioner and deceased, she committed suicide. It has been further submitted that the Informant was present at the time of cremation of his daughter. There is delay of about 8 days in lodging the FIR. Petitioner has got no criminal antecedent and is

Patna High Court CR. MISC. No.45975 of 2019(3) dt.01-10-2019 2/2 in custody since 20.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Tarari P.S. Case No. 35 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U