Amarjeet Ray @ Abhijeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67785 of 2019 Arising Out of PS. Case No.-745 Year-2018 Thana- SONEPUR District- Saran ====================================================== AMARJEET RAY @ ABHIJEET RAY, Son of Ram Naresh Ray, Resident of Village - Sabalpur, Hasti Tola, Naurasiya, P.S. - Sonepur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 325, 504 and 506/34 of the Indian Penal Code.

The informant is father of the petitioner. Allegation is that for property dispute, the petitioner and his wife assaulted to the informant as a result whereof informant died after one month of the occurrence.

Submission is that the offence under Section 302 of the Indian Penal Code was added after death of the informant without ensuring any postmortem examination to assure that death was result of the injury caused to the informant or death occurred due to some different reasons.

Learned counsel for the informant opposed the prayer

Patna High Court CR. MISC. No.67785 of 2019(4) dt.04-03-2020 2/2 for bail, however, does not dispute the aforesaid factual position of the case.

Petitioner is in custody since 16.08.2019. Investigation of the case is already complete against the petitioner. There is no material to suggest that the petitioner is going to tamper with the evidence or hamper the trial. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonepur Police Station Case No. 745 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T