Sukhari Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24716 of 2018 Arising Out of PS. Case No.-7 Year-2017 Thana- NAGARNAUSA District- Nalanda ====================================================== Sukhari Gope son of Late Dev Baran Gope @ Baran Gope resident of Mustafapur, Police Station - Harnaut (Telmar), District - Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner had earlier moved this Court for grant of bail in Cr. Misc. No. 27758 of 2017, which was rejected vide order dated 11.08.2017.

Petitioner is languishing in judicial custody since 25.02.2017 in connection with Sessions Trial No. 393 of 2017, arising out of Nagarnausa P.S. Case No. 07 of 2017 for offences punishable under Sections 302/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter was married to one Nitish Kumar in the year 2015 and was tortured as she was not good looking. She came to her parental house but was taken by the petitioner along with other co-accused and 4-5 unknown persons who after her bidaigiri on the way killed her.

Patna High Court Cr.Misc. No.24716 of 2018(3) dt.20-06-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is the distant uncle-in-law of the deceased and is living separately from the matrimonial family of the deceased. He submits that one of the co-accused, who was also a distant uncle, has been granted privilege of bail in Cr. Misc. No. 25536 of 2018 vide order dated 17.05.2018 by a co-ordinate Bench of this Court and the petitioner also is on similar footing. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Hilsa, Nalanda, in connection with Sessions Trial No. 393 of 2017, arising out of Nagarnausa P.S. Case No. 07 of 2017, subject to the condition that petitioner will cooperate in the trial on day-to-day basis and his absence on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

Rajesh/- ( Nilu Agrawal, J) U T