Sudhanshu Kumar @ Shudhansu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78931 of 2018 Arising Out of PS. Case No.-496 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Sudhanshu Kumar @ Shudhansu S/o Sri Satyendra Sharma R/moh-New area Piparpanti, P.S-Kotwali,Distt.-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gaya Kotwali P.S. Case No. 496 of 2018 registered for the offence punishable under Sections 341, 323, 506 and 354 of the Indian Penal Code. Informant in her written complaint has alleged that the petitioner who is accused of murder and is on bail is threatening and intimidating whole family to withdraw the case. On 21.01.2018 at about 6:30 pm she was going along with her two daughters when petitioner with bad intention caught her daughter and also snatched away dupatta of the Informant and threatened that if she does not withdraw the case then his son will be killed. On alarm being raised by her, people assembled there and caught hold of the petitioner and handed over to the police.

Patna High Court Cr.Misc. No.78931 of 2018(2) dt.23-01-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to ill motive and grudge. Petitioner is in custody since 23.10.2018. Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Gaya Kotwali P.S. Case No. 496 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/manojU T