Hassan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24664 of 2018 Arising Out of PS.Case No. -331 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hassan Baitha, Son of Bishuni Baitha, Resident of Village- Bankatwa, Police Station- Lauriya, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.11.2017 in connection with Lauriya P.S. Case No.331 of 2017 for the offences alleged under Sections 304(B), 201, 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because the petitioner happens to be the fatherin-law of the deceased. It is submitted that he was residing separately and has no concern with the day-to-day affairs of the deceased and her husband. Statement is made at the Bar that the husband of the deceased has surrendered and is in jail custody. The petitioner claims clean antecedent. The accusation against the petitioner is general and omnibus in nature. No specific overt act has been attributed to the petitioner.

Patna High Court Cr.Misc. No.24664 of 2018 (2) dt.01-05-2018 2/2

4. Be that as it may, having regard to the entirety of 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 the like amount leach to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bettiah, West Champaran, in connection with Lauriya P.S. case No.331 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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T