Pramod Singh @ Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47123 of 2019 Arising Out of PS. Case No.-37 Year-2017 Thana- JAMHOR District- Aurangabad ====================================================== Pramod Singh @ Pramod Kumar Singh, aged about 45 years, Gender-Male, Son of Late Satya Narayan Singh Resident of Village - Karma, P.S.- Jamhore, District - Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-07-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code registered in connection with Jamhore P.S. Case No. 37 of 2017.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the uncle-in-law of the deceased. The petitioner was living separately from the deceased after partition effected long back. After due investigation, the police submitted final form and the petitioner was not sent up for trial but differing from the same, cognizance has been taken against the petitioner. The mother-in-law of the deceased, namely, Lakhi Kuer has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 10.10.2017 passed in Cr. Misc. No. 47602 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court CR. MISC. No.47123 of 2019(2) dt.30-07-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 37 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T