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Patna High CourtCR. MISC./5753/2017bail granted

Laxman Mehta v. The State Of Bihar

2017-03-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5753 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Laxman Mehta Son of Dasrath Mahto Resident of Village-Bansi Bigaha P.S. Kutumba. District-Aurangabad. (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Anil Kumar Singh. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 The petitioner is in custody since 17.11.2016 in connection with Kutumba P.S. Case No. 111 of 2016, registered for offences punishable under Sections 302/201/34 of Indian Penal Code.

It has been submitted on behalf of the petitioner that he is the husband of the deceased and it has come during the course of investigation that the deceased fell down from stair case and received injuries on her head and during course of her treatment, she died. Petitioner has been in custody since 17.11.2016. Learned counsel for the State also could not controvert the said fact.

Having heard both sides, in view of the fact that during the investigation it has come that the deceased fell down from the stair due to which she sustained injuries on her head and later on during treatment, she succumbed to her injuries and the petitioner has been in judicial custody for more than three months, as such

Patna High Court Cr.Misc. No.5753 of 2017 (3) dt.02-03-2017 2/2 let petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-, Aurangabad, Bihar in connection with Kutumba P.S. Case No. 111 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U