Shashikant Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1954 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1954 of 2018 Arising Out of PS.Case No. -178 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shashikant Kumar, S/o Shubh Narain Rai, Resident of Vill- Siswa, P.S.- Raxaul, Dist- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sangeet Deokuliar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.06.2017 in connection with Raxaul P.S. Case No. 178 of 2017 for the offences alleged under Sections 304B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the younger brother of the husband of the deceased. The accusations are general and omnibus in nature and no specific overt act has been assigned to the petitioner. The husband of the deceased has already in custody. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.1954 of 2018 (2) dt.12-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Raxaul P.S. Case No. 178 of 2017, on the following 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) 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.

(Vikash Jain, J) Md. Ibrarul/- U T