Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72218 of 2018 Arising Out of PS. Case No.-679 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Pramod Kumar, Son of Shambhu Rai, resident of Mohalla- Gosai Tola, P.S.- Paltiputra, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Sinha, Advocate For the Opposite Party/s :
Smt Renu Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 679 of 2017 (Sessions Trial No 427 of 2018) registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Informant in her written complaint has alleged that petitioner along with F.I.R. named accused persons fired upon his husband causing grievous injury and on way to hospital he died.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case by the informant who is second
Patna High Court Cr.Misc. No.72218 of 2018(3) dt.20-12-2018 2/3 wife of the deceased only because the petitioner had filed a case against the deceased for committing murder of his sister. The inforamnt has been examined as persecution witness no.1 in which she has denied that petitioner had opened fired upon her husband as a result of which he died. Petitioner has no criminal antecedent and he is in custody since 27.10.2017. Similarly placed co-accused has been granted bail by co-ordinate bench of this court passed in Cr. Misc. 64513 of 2018 vide order dated 31.10.2018.
Considering the aforesaid fact 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 Additional District & Sessions Judge-IV, Patna, in connection with Phulwari Sharif P.S. Case No. 679 of 2017 (Sessions Trial No. 427 of 2018), subject to conditions:
(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 and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be
Patna High Court Cr.Misc. No.72218 of 2018(3) dt.20-12-2018 3/3 at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T