Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 76593 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== Sonu Kumar aged about 18 years Male, Son of Sipahi Rai Resident of Village - Saghanpura @ Sanpura, P.S.- Kathaiya, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

14-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Kathaiya P.S. Case No. 57 of 2019 registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.

As per prosecution case, the allegation against all the F.I.R. named accused, including petitioner, is that they killed sister of the informant by strangulation and hanged the dead body on the tree to show that it is case of suicide. It is submitted on behalf of petitioner that there is general and omnibus allegation. No specific allegation has been attributed against the petitioner. It is further submitted that though, F.I.R. has been lodged under Section 302 of the Indian Penal Code, but police submitted chargesheet only under Sections 306/34 of the Indian Penal Code. Petitioner has no

Patna High Court CR. MISC. No.76593 of 2019(2) dt.14-02-2020 2/2 criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Hemant Kumar, Judicial Magistrate 1st Class, Muzaffarpur in connection with Kathaiya P.S. Case No. 57 of 2019 (G.R. No. 1016 of 2019) on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T