Sandip Rajbhar @ Sandeep Rajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84331 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Sandip Rajbhar @ Sandeep Rajbhar Son Of Ramayan Rajbhar R/O VillageNawka Tola, P.S.- Vijayipur, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No.643 of 2023, arising out of Kateya P.S. Case No.342 of 2022, lodged on 27.07.2022, under Sections 302/201/34 of the Indian Penal Code.
3. As per the prosecution, the allegation against the family members of the deceased that they in connivance with each other killed the deceased and hidden her dead body.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there is no cogent material either in the FIR or in the investigation has come against the present petitioner. He submits that petitioner is the brother of the deceased. He further
Patna High Court CR. MISC. No.84331 of 2023(2) dt.10-01-2024 2/3 submits that father of the deceased has been granted bail by a coordinate Bench of this Court vide order dated 25.07.2023 passed in Cr. Misc. No.75151 of 2022. Counsel further submits that antecedent of the petitioner is clean. Petitioner is in custody since 05.04.2023.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 12th, Gopalganj, in connection with Sessions Trial No.643 of 2023, arising out of Kateya P.S. Case No.342 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.84331 of 2023(2) dt.10-01-2024 3/3 bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T