Baliram Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.36844 of 2018 (2) dt.08-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36844 of 2018 Arising Out of PS.Case No. -94 Year- 2016 Thana -PRANPUR District- KATIHAR ====================================================== Baliram Rajak, S/o Mahesh Rajak, R/o Lalganj (Bhagat Tola), PS.- Pranpur (Roshna O.P.), Distt- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv For the Opposite Party/s : Mr. Mritunjay Kumar Nirala,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 24.05.2017, has renewed his prayer for bail in connection with S.T. No. 284 of 2017 arising out of Pranpur (Roshna O.P.) P.S. Case No. 94 of 2016 for the offences alleged under Sections 324, 307 of the Indian Penal Code having earlier been rejected by this Court by order dated 22.09.2017 in Criminal Miscellaneous No. 37182 of 2017.

3. Learned counsel for the petitioner submits that in a subsequent development, charges have now been framed and trial was commenced. According to the statement of PW-1, the father of the petitioner as well as the informant are own brothers and that the informant had received injury while at school. The mother of the petitioner and the informant (PW-2) were not eye witnesses to the occurrence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of

Patna High Court Cr.Misc. No.36844 of 2018 (2) dt.08-08-2018 custody already suffered since 24.05.2017, 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 Additional District and Sessions Judge-III, Katihar, in connection with S.T. No. 284 of 2017 arising out of Pranpur (Roshna O.P.) P.S. Case No. 94 of 2016 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) Chandran/BT U T