Mantosh Singh @ Mantosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5765 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Mantosh Singh @ Mantosh Kumar Singh, son of Narsingh Mahto @ Diwan Mahto, resident of Village- Darahpur, P.S.- Industrial Area Buxar, DistrictBuxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Bhushan Singh, Advocate For the Informant : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Buxar (Ind) P.S.Case No. 110 of 2016 registered for the offences punishable under Section 304B of the Indian Penal Code. It has been submitted on behalf of the petitioner that even from the FIR it is evident that petitioner was living outside State at the time of occurrence. It has further been submitted that during course of investigation witnesses have stated that family members of the deceased have participated in the cremation and thereafter lodged the present case and petitioner is in custody since 30.7.2016.

Heard learned APP and learned counsel for the informant, who have opposed the prayer for bail. Having heard both sides and considering the fact that FIR itself shows that petitioner was residing outside State and there is no specific allegation against the petitioner and in

Patna High Court Cr.Misc. No.5765 of 2017 (3) dt.17-03-2017 2/2 paragraph-16 of the case diary it is stated that family members of the deceased have participated in cremation and later on the present case has been lodged, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind.) P.S.Case No. 110 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U