Dayanand Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30724 of 2017 Arising Out of PS.Case No. -430 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================
1. Dayanand Bind S/o Late Lakhan Bind resident of Mohalla- Dhankaul, P.O.- Ariyari, Distric- Sheikhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Kumar Gupta For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-09-2017 Learned counsel for the petitioner is permitted to add sessions case number in the application. Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 13.02.2017 in connection with Sessions Trial No. 224/2017, arising out of Madhubani Town P.S. Case No. 430/16, G.R. No. 2615/16 for offences punishable under Section 395 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while her husband had gone outside for treatment of his father, 4-5 miscreants entered the house
Patna High Court Cr.Misc. No.30724 of 2017 (4) dt.12-09-2017 2/3 and stole away jewellery as the husband of the informant had a jewellery shop.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and his named surfaced on the confessional statement of staff of the informant's husband, namely, Suraj Chawhan. He submits that the said staff has since been granted privilege of bail by this Court in Cr. Misc. No. 37848 of 2017 on 22.08.2017 and the petitioner has been made accused only on the basis of suspicion. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl.
Sessions Judge-VI, Madhubani, in connection Sessions Trial No. 224/2017,
Patna High Court Cr.Misc. No.30724 of 2017 (4) dt.12-09-2017 3/3 arising out of Madhubani Town P.S. Case No. 430/16, G.R. No. 2615/16, subject to the condition that both the bailors would be close relatives of the petitioner.
(Nilu Agrawal, J) Rajesh/- U T