Robin Dhangar @ Robin Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57813 of 2024 Arising Out of PS. Case No.-449 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Robin Dhangar @ Robin Mahto Son of Late Parasa Manjhi @ Paras Dhangar R/O Vill.- Laxmipur dhangar toli, Mansa Mai Sthan, P.s.- Raxaul, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that the petitioner along with other co-accused persons have committed murder of the daughter of the informant by strangulating her neck and fled away from their house.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather
Patna High Court CR. MISC. No.57813 of 2024(3) dt.20-09-2024 2/3 general and omnibus in nature. The petitioner is the husband of the deceased. He submits that charges have been framed against the petitioner on 18.09.2024/19.09.2024. He further submits that the Doctor has determined the cause of death to be asphyxia resulting from hanging. The petitioner has no criminal antecedent and has been languishing in custody since 09.04.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Raxaul P.S. Case No. 449 of 2023.
7. However, learned Trial Court is directed to verify the fact whether the charges have been framed against the petitioner or not. If the charges have not been framed against the petitioner then the bail bond of the petitioner shall not be accepted by the learned Trial Court.
8. The petitioner shall remain physically present in court on each and every date during trial and in the event of
Patna High Court CR. MISC. No.57813 of 2024(3) dt.20-09-2024 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(Anjani Kumar Sharan, J) anand/- U T