Patna High CourtCR. MISC./1936/2018bail granted

Raja Babu v. The State Of Bihar

2018-02-21Mr. Justice Birendra Kumar2 pages

Patna High Court Cr.Misc. No.1936 of 2018 (3) dt.21-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1936 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -KHAGARIA RAIL P.S. District- KHAGARIA ======================================================

1. Raja Babu, Son of Devnandan Sah, Resident of Village-Tulsiyahi, P.S.- Bihara, District-Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Khagaria Rail P.S. Case No. 25 of 2017, a case under Sections 341, 338 and 307 of the Indian Penal Code.

Allegation against the petitioner is that he thrashed his wife from the running train. Old matrimonial dispute is reason for the occurrence.

Submission of learned counsel for the petitioner is that false case has been lodged due to matrimonial discord. Investigation is already complete. The petitioner is in custody since 22.09.2017. The case diary would reveal that one witness has stated that petitioner had served some intoxicant to his wife,

Patna High Court Cr.Misc. No.1936 of 2018 (3) dt.21-02-2018 thereafter, she slept and then she was thrown out of the train. Considering the conflicting evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Khagaria Rail Police Station Case No. 25 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) sushma/- U T