Sonu Sao @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26893 of 2017 Arising Out of PS.Case No. -803 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== Sonu Sao @ Sonu Kumar, son of Ajit Kumar @ Bal Krishna Kahar, resident of Village- Saidanagar, P.S.- Phulwari Sharif, Dist- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 03.12.2015 in connection with Sessions Trial No. 316 of 2016 arising out of Phulwarisharif P.S. Case No. 803 of 2015 registered for the offence punishable under Sections 376, 511 and 302/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that on 01.12.2015, his wife, Munni Devi, who was working as maid, had gone to work in the house of Dr. Sinha and did not return home. On search, it was found that she had left the place of work, but on the way near canal, petitioner along with other coaccused tried to outrage her modesty and resultantly she jumped into the canal and died. Her dead body was recovered from the
Patna High Court Cr.Misc. No.26893 of 2017 (3) dt.17-08-2017 2/3 canal.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated. He submits that all the witnesses are hearsay witnesses and no one has seen the occurrence. He submits that no overt act has been committed by him and only two witnesses out of six witnesses have been examined so far and both the witnesses have turned hostile.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-X, Patna in connection with Sessions Trial No. 316 of 2016 arising out of Phulwarisharif P.S. Case No. 803 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear
Patna High Court Cr.Misc. No.26893 of 2017 (3) dt.17-08-2017 3/3 before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T