Manoj Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60047 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Manoj Pandit S/o Jugeshwar Pandit , R/o Vill.- Manjhiya , P.S,- Goraul (Kathara O.P.), Distt.- Vaishali.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Goraul (Kathara O.P.) P.S. Case No. 197 of 2017 for the offences alleged under Sections 304(B)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the brother-in-law of the deceased lady. The petitioner had been living separately from the deceased and her family members having no concern with their day to day affairs, and he himself was residing outside India for his livelihood and working as a Fitter at Dubai. The accusations are general and omnibus in nature and there is no specific allegation against the petitioner.

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/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali

Patna High Court Cr.Misc. No.60047 of 2017 (2) dt.14-12-2017 at Hajipur, in connection with Goraul (Kathara O.P.) P.S. Case No. 197 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.

(v) That the petitioner shall deposit his original passport before the learned Court below.

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