Patna High CourtCR. MISC./1401/2016disposed

Subodh Choudhary v. The State Of Bihar

2016-01-112 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1401 of 2016 Arising Out of PS.Case No. -372 Year- 2014 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Subodh Choudhary S/o Late Biku Choudhary R/o village - Jamuna Barahi, P.S. - Bathnaha, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

Prayer for bail of the petitioner was rejected by the Hon'ble Mr. Justice Prabhat Kumar Jha by order dated 17.09.2015 in Cr. Misc. No. 22405 of 2015 and the instant Criminal Miscellaneous has been filed for provisional bail to the petitioner on the ground that the father of the petitioner died on 03.01.2015 and the petitioner has to perform Shradh ceremony and thereafter by the order of Hon'ble the Chief Justice it has been listed before this Court for hearing on priority basis.

In support of death of father of the petitioner the certificate granted by Punam Devi, Mukhiya, Gram PanchayatRaj Bairha Barahi, District- Sitamarhi dated 03.01.2016 has been

Patna High Court Cr.Misc. No.1401 of 2016 (2) dt.11-01-2016 2/2 filed.

In the facts and circumstances as stated above, the petitioner is granted temporary bail for fifteen days on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Sitamarhi in connection with Bathnaha P.S. Case No. 372 of 2014. The petitioner shall surrender on 27.01.2016 in the learned court below and will file surrender certificate within two days failing which stern action shall be taken. Accordingly, this Criminal Miscellaneous is hereby disposed of.

Let the order be communicated to the court concerned through FAX at the cost of the petitioner.

(Jitendra Mohan Sharma, J) Abhay/- U T