Doman Rai @ Doman @ Ram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59464 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Doman Rai @ Doman @ Ram Kumar Yadav Son Of Nageshwar Rai R/O Village- Shitalpur Baradih, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 325, 504 and 34 of the Indian Penal Code.

According to prosecution case, the petitioner along with his progenies abused and assaulted the informant and her family members. It is also alleged that some one pressed the neck of the younger sister of the informant and ultimately she died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.59464 of 2022(2) dt.08-02-2023 2/3 from the F.I.R. that there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that the allegation as alleged in the F.I.R. does not support the postmortem report. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 19.05.2022. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chakia P.S. Case No. 175 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

Patna High Court CR. MISC. No.59464 of 2022(2) dt.08-02-2023 3/3 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T