Patna High CourtCR. MISC./44459/2017bail granted

Raju Sao v. The State Of Bihar

2017-10-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44459 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -MAHILA PS District- JEHANABAD ====================================================== Raju Sao, son of Late Badri Sao, Resident of Village- Babhana Sikariya, P.O.- Bhawna, P.S.- Parsh Bigha, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Kant Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.06.2017 in connection with Jehanabad (Mahila) P.S. Case No. 39 of 2017 for the offences alleged under Sections 341, 323, 376, 504, 506 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute as well as family dispute as the petitioner is the cousin brother-in-law of the informant. There are no eye witnesses to the alleged occurrence while some of the witnesses had denied the incident altogether. Charge sheet has already been submitted as there is no chance of tampering with the evidence. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.44459 of 2017 (3) dt.17-10-2017 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 Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad (Mahila) P.S. Case No. 39 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.

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