Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63997 of 2018 Arising Out of PS. Case No.-655 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Raj Kumar, Son of Lala Singh, resident of Village Bhusuaula Danapur (Chak), P.S.- Phulwari Sharif, District Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Yadav For the Opposite Party/s :

Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No. 481 of 2018 arising out of Phulwarisharif P.S. Case No. 655 of 2017 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the daughter of the Informant along with FIR named accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. It has been further submitted that from perusal of para 18 of the case diary it transpires that it is a case of suicide. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders

Patna High Court Cr.Misc. No.63997 of 2018(3) dt.27-11-2018 2/2 dated 20.04.2018 in Criminal Miscellaneous No. 17079 of 2018 and 28.06.2018 in Criminal Miscellaneous No. 32692 of 2018. Petitioner has got no criminal antecedent and is in custody since 31.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Patna, in connection with Sessions Trial No. 481 of 2018 arising out of Phulwarisharif P.S. Case No. 655 of 2017, with following 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 represented on each and every date fixed by the court.

(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) ranjan/- U