Hira Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79049 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- SURYAPUR District- Rohtas ====================================================== Hira Lal Sah, son of Dina Nath Sah, Resident of Village- Kusumhara, Police Station- Suryapura, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma, Adv.

For the Opposite Party/s :

Mr.Sri Uma Shankar Prasad Singh (APP) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Suryapura P.S. Case No. 53 of 2018 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Informant who is father of the deceased has alleged that petitioner (husband) along with his family members killed her daughter.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. He has not

Patna High Court Cr.Misc. No.79049 of 2018(4) dt.25-02-2019 2/3 committed any act against the deceased rather the victim/deceased has herself committed suicide. Petitioner has no criminal antecedent and is in custody since 14.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bikramganj, District- Rohtas, in connection with Suryapura P.S. Case No. 53 of 2018 giving rise to G.R. No. 445 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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,

Patna High Court Cr.Misc. No.79049 of 2018(4) dt.25-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T