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Patna High CourtCR. MISC./67892/2018bail granted

Dev Lal Sah @ Dev Lal v. The State Of Bihar

2018-11-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67892 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- GORIAKOTHI District- Siwan ====================================================== DEV LAL SAH @ DEV LAL Son of Late Fulena Sah Resident of VillageGoreakotlhi,Police Station-Goreakothi,Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kant For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Goreakothi P.S. Case No. 55 of 2018 registered for the offence punishable under Sections 302/379/34 of the Indian Penal Code.

Informant is grand daughter of petitioner who has alleged that she had solemnized marriage with Rizwan Alam in Surat and for which their family members were very annoyed and agitated. She had come to her house but thereafter she was being persuaded to take divorce from Rizwan Alam and when she tried to flee away from the house with one Mujib Ansari. She was caught by her family members and other villagers and assaulted as a result of which Mujib Ansari died in Hospital.

Patna High Court Cr.Misc. No.67892 of 2018(2) dt.06-11-2018 2/2 Petitioner is grand father of informant and is an old and infirm person and allegations made against all accused including petitioner are general and omnibus in nature and there is no specific overt act alleged against petitioner. Petitioner has no criminal antecedent.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Goreakothi P.S. Case No. 55 of 2018 subject to the conditions that:-

(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.

(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) veena/- U T