Ishwar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49841 of 2025 Arising Out of PS. Case No.-380 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Ishwar Roy Son of Jagdish Roy R/O Ward No. 04, Sundarpur Bina, P.S.- Supaul, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pratibha Srivastava, Adv.
For the Opposite Party/s :
Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Heard Mrs. Pratibha Srivastava, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Sessions Trial No. 311 of 2024 arising out of Supaul P.S. Case No. 380 of 2024 for the offence punishable under sections 302 of the Indian Penal Code.
3. As per the prosecution story, the informant alleged that his sister was married to the petitioner in the year 2013 and blessed with two children. On 17.06.2024, they received telephonic information about her killing by strangulation. This led to the FIR.
4. Learned counsel for the petitioner submits that they were leading a happy married life with children, there was no issue, in depression, she committed suicide. The mother is dead,
Patna High Court CR. MISC. No.49841 of 2025(2) dt.11-08-2025 2/3 the father is in custody and this has led the two children to lead an orphan life. He is in custody since 18.06.2024 and there is no likelihood of trial being concluded.
5. Learned APP opposes the prayer for bail submitting that he is the husband and allegation is of strangulation.
6. Having heard the parties and taking into account the submissions of the learned counsel for the petitioner that actually she committed suicide in depression, is in custody since 18.06.2024 having no criminal antecedent, the Trial Court record has been attached to show that it is not likely to be concluded in near future, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge- IInd, Supaul in connection with Sessions Trial No. 311 of 2024 arising out of Supaul P.S. Case No. 380 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.49841 of 2025(2) dt.11-08-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Having recorded the facts, this Court cannot skip its eyes from the fact that in this computer age, still hand written orders are being incorporated in the order sheet. Further, when the witnesses are not present, bailable warrant issued, the natural corollary for the learned Court is to issue non-bailable warrant. The Courts must realize and when bail applications are rejected, the accused is entitled to an early trial.
(Rajiv Roy, J) Vijay Singh/- U T