Patna High CourtCR. MISC./28339/2018bail granted

Ramdeo Sada v. The State Of Bihar

2018-07-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28339 of 2018 Arising Out of PS.Case No. -140 Year- 2011 Thana -SIMRIBAZAR District- DARBHANGA ======================================================

1. Ramdeo Sada S/o Ramkhelawan Sada, R/o Vill.- Simri, P.S.- Simri, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The FIR of the occurrence of murder is against unknown, lodged by the Chaukidar, on recovery of a dead body of a female. During investigation it revealed that the petitioner had raped and committed murder. Petitioner is in custody since 17.09.2011. He has got no criminal antecedent. Submission is that there is no eyewitness of the occurrence and the witnesses examined during trial has turned hostile.

Patna High Court Cr.Misc. No.28339 of 2018 (5) dt.19-07-2018 P2/ Considering the aforesaid fact especially period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.551 of 2011, arising out of Simri P.S. Case No.140 of 2011, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T