Binay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27969 of 2018 Arising Out of PS.Case No. -221 Year- 2015 Thana -BUNIADGANJ District- GAYA ======================================================
1. Binay Kumar S/o Sri Ram Ishwar Yadav, R/o Vill.- Jahana, P.S.- Buniyadganj and District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard the parties.
The petitioner seeks regular bail in connection with Buniyadganj P.S.Case No.221 of 2015 registered for offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
Allegation against the petitioner who happens to be husband of the deceased of demand of golden chain and a motorcycle and due to non-fulfillment, committed murder of the deceased. Submission of the learned counsel for the petitioner she died due to hanging and the witnesses have also stated to in para 13 and 14 of the case diary and the story of demand is ornamental in nature. He is in custody for eight months. It has also been submitted that now the case has been compromised between he
Patna High Court Cr.Misc. No.27969 of 2018 (6) dt.01-10-2018 2/2 parties also.
Heard learned A.P.P. also who has opposed the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of SDJM, Gaya in connection with Buniyadganj P.S.Case No.221 of 2015.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U