Raghubir Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51392 of 2018 Arising Out of PS.Case No. -166 Year- 2018 Thana -KOTWALI District- MUNGER ======================================================

1. Raghubir Modi S/o late Jagdish Modi, R/o Mohalla- Mangal Bazar, Kasturba Nagar, P.O.- Basudeopur, P.S.- Basudeopur, District- Muner. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiv Krishna Bariar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kotwali P.S.Case No.166 of 2018 , registered for offences punishable under Sections ---341, 323, 307, 326, 379, 504/34 of the Indian Penal Code.

Allegation against the petitioner who happens to be fatherin-law of the informant and the other accused persons set him on fire.

Submission of the learned counsel for the petitioner is that as a matter of fact the wife of the informant had given legal notice to the informant for lodging a case under Section 498A of the IPC and in order to save their skin from that case, the present case has been filed and the petitioner and others had taken him to the

Patna High Court Cr.Misc. No.51392 of 2018 (2) dt.18-09-2018 2/2 hospital also.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger in connection with Kotwali P.S.Case nO.166 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T