Shashi Kant Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54513 of 2015 Arising Out of PS.Case No. -83 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Shashi Kant Bind Son of Gama Bind, Resident of Village- Ghosa, P.S.- Belaon, District- Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate. For the Opposite Party/s : Mr. B.Ram, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2016 A supplementary affidavit has been filed annexing the copy of the deposition of the informant in Sessions Trial No. 304/15 / 395/15 as also a copy of the deposition of Bhushi Bind, the father of the informant, and a copy of the compromise petition. Let the supplementary affidavit be kept on record. Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bhagwanpur (Belaon) P.S. Case No. 83 of 2015 registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

Allegedly Mangari Devi, the daughter of the informant, was married with the petitioner in May, 2013 and due

Patna High Court Cr.Misc. No.54513 of 2015 (3) dt.25-01-2016 2/3 to non-fulfillment of gold chain, she was being assaulted; out of the wedlock there is a son but due to non-fulfillment of the demand, she was killed by the petitioner and other in-laws and her dead body was also cremated.

Submission is of false implication; there was cordial relation between the petitioner and his wife and out of the wedlock there is a son also; the informant and his family members participated in the cremation but for the custody of the minor son there was a dispute resulting in institution of this false case; the informant now has filed a compromise petition and during trial he and his father have not supported the prosecution version and, as such, the petitioner, who is suffering in custody since 07.07.2015, deserves sympathetic consideration.

Learned A.P.P. after going through the copy of the depositions of the informant and his father fairly submits that now the informant is not supporting the prosecution version. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VI, Kaimur at Bhabua in connection with Sessions Trial No. 304/15 / 395/15, arising out of

Patna High Court Cr.Misc. No.54513 of 2015 (3) dt.25-01-2016 3/3 Bhagwanpur (Belaon) P.S. Case No. 83 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail.

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