Jokhu Prit @ Jokhu Padit @ Jokh Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79178 of 2018 Arising Out of PS. Case No.-59 Year-2017 Thana- Sahodara District- West Champaran ====================================================== Jokhu Prit @ Jokhu Padit @ Jokh Pandit Son of Late Thag Prit Resident of Village -Pahkul, P.S. - Sahodara, District - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyavrat Verma For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-03-2019 The prayer for bail of the petitioner was earlier dismissed as withdrawn vide order dated 04.12.2017 passed in Cr. Misc. No. 49585 of 2017.
The petitioner is the father-in-law of the deceased and is in custody since 28.06.2017.
Mr. Satyavrat Verma, learned counsel for the petitioner has informed this Court that the sister-in-law of the deceased, who too was made accused, has not been sent up for trial.
The charges have been framed in this case in the month of December, 2018 but till date, no witness has turned up to support the prosecution version.
Patna High Court CR. MISC. No.79178 of 2018(3) dt.27-03-2019 2/3 During the course of investigation also, it had come to light that the dead body had to be brought down from the ceiling and had to be kept in the room.
It appears that in the absence of the husband of the deceased, the deceased had become temperamental and had committed suicide. The marriage of the deceased with her husband had passed off peacefully for about 5 years. This raises a presumption that the deceased was not put to any uncomfortable situation in her matrimonial home at the hands of the petitioner and others.
The mother-in-law of the deceased has been granted bail by this Court only on 04.12.2017, when the bail petition of the petitioner was dismissed as withdrawn. Considering the period of custody of the petitioner and nature of accusation against him which is mainly based on suspicion, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.79178 of 2018(3) dt.27-03-2019 3/3 the like amount each to the satisfaction of the learned Court of Fast Track II, West Champaran, Begusarai in connection with Sahodara P. S. Case No. 59 of 2017 (Sessions Trial No. 563 of 2018).
The petitioner shall participate in the trial and in the event of his absenting himself from the trial proceedings on three consecutive occasions, without any plausible reason, would entitle the trial court to cancel his bail. (Ashutosh Kumar, J) skm/- U