Kari Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.44054 of 2018 (3) dt.27-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44054 of 2018 Arising Out of PS.Case No. -247 Year- 2002 Thana -RANIGANJ District- ARRARIA ====================================================== Kari Sah S/o Ganeshi Sah, R/o Vill.- Belsara, P.S.- Raniganj, DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Raniganj P.S. Case No. 247/2002, registered for the offences punishable under Sections 376, 302 and 201 of the Indian Penal Code.

Informant has alleged committing rape and murder of the daughter of informant against Naresh Sah. Allegation against petitioner is helping Naresh Sah in disposal of the dead-body. It has been submitted that after investigation, the police did not found case to be true against petitioner, and submitted Final Report against him. However, learned court below on the basis of materials available on record took cognizance against petitioner under Section 302 and 201 of Indian Penal Code. Petitioner has no criminal antecedent. He is in custody since 27.05.2018.

Patna High Court Cr.Misc. No.44054 of 2018 (3) dt.27-09-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 247/2002, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

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

(S. Kumar, J) Vinita/- U T