Ram Babu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18915 of 2017 Arising Out of PS.Case No. -486 Year- 2015 Thana -BIRAUL District- DARBHANGA ====================================================== Ram Babu Mukhiya, son of Sikinder Muhia, resident of village-Dekuli Dham, P.S.-Biroul, Distt. Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 This is an application for grant of bail for offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

Earlier petitioner had moved for bail but the same was rejected vide order dated 24.1.2017 passed in Cr. Misc. no 53452 pf 2016 considering the submission and the materials available in the case diary at that time with liberty to renew his prayer for bail before the court below after framing of charge. It has been submitted on behalf of the petitioner that charge has been framed in this case and petitioner had moved before the court concerned after framing of charge but his prayer was rejected.

Heard learned A.P.P. also.

Having heard both sides and from perusal of the

Patna High Court Cr.Misc. No.18915 of 2017 (2) dt.19-04-2017 2/2 impugned order passed by the court below it appears that after perusal of the case diary an opportunity was given to the petitioner to move before the court concerned after framing of charge which will appear from the impugned order itself and he has remained in custody for about seven months, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twentyfive thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Benipur, Darbhanga, in connection with S. T. no. 54 of 2017 arising out of Biroul P.S. Case no. 486 of 2015 with 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 court concerned. (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.

(Vinod Kumar Sinha, J) sudip/- U T