Sampat Parit @ Shankar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60597 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- DURAULI District- Siwan ====================================================== SAMPAT PARIT @ SHANKAR PANDIT S/o Late Gaya Parit, R/o Vill.- Harnatar, P.S.- Darauli, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Darauli P.S.Case No.147 of 2018 registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the dead body of the girl aged about 15-20 years was lying in the bush and the FIR was lodged by the Chaukidar. It further appears that Chaukidar has stated in his statement that the deceased had illicit relation with a boy and the petitioner (father) along with other members killed her and thrown the dead body.

Submission of the learned counsel for the petitioner is that the Chaukdar is the informant and he has not named anybody in the FIR and later on during the course of investigation the name of the petitioner has transpired in this

Patna High Court Cr.Misc. No.60597 of 2018(3) dt.22-11-2018 2/2 case and he is not eye witness of the occurrence. The petitioner has been made accused only on the basis of suspicion and he is in custody since 4.8.2018. The charge sheet has already been submitted in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with Darauli P.S.Case No.147 of 2018.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed.

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