Ajay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67247 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Ajay Singh Son of Late Mathura Singh Resident of Village - Parsa Babu Tola, Police Station Majhauliya, District -West Champaran ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar, Mr. Priyesh Kumar, Advocates For the State : Mr. Md. Sufian, APP For the Informant :
Mr. Harish Chandra Patel, Advocate CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code registered in connection with Majhouliya P.S. Case No. 64 of 2018.
3. It is submitted that the petitioner has been falsely implicated as no specific accusation has been made against him in the first information report. The petitioner is uncle-in-law of the deceased and stands on better footing than her mother-in-law (Sobha Devi) who has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 14.12.2018 passed in Cr Misc. No. 68810 of 2018. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant appearing suo motu has been heard and no objective material has been pointed out against the petitioner in the case diary. It is submitted that the occurrence has transpired on 23.02.2018 a few days after marriage was solemnized on 18.02.2018.
5. Be that as it may, in the event of the petitioner's arrest
Patna High Court Cr.Misc. No.67247 of 2018(3) dt.01-02-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhouliya P.S. Case No. 64 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
BT/Chandran (Vikash Jain, J) U T