Jamun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38241 of 2016 Arising Out of PS.Case No. -514 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Jamun Rai, Son of Prasiddh Rai, resident of Village- Khapura, P.S.- Bidupur District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bela Singh, Advocate For the Opposite Party : Mr. Smt. Gulnar Begam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bidupur P.S Case No. 514 of 2015 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Allegedly, Mamta Devi, the daughter of the informant was married with Anil Rai three years ago, but her husband used to demand Hero Honda motorcycle and for that used to torture and assault her, otherwise to kill her and the petitioner being the father-in-law and ultimately they killed the daughter of the informant and made the dead body traceless. Submission is of false implication and that in this case mother-in-law and other in-laws have been allowed pre-arrest

Patna High Court Cr.Misc. No.38241 of 2016 (2) dt.29-09-2016 2/2 bail whereas the petitioner (father-in-law) is suffering in custody since 17.06.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner also deserves sympathetic consideration. Learned A.P.P. fairly submits that other co-accused have been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 514 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T