Sonu Sah @ Konu Sah @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73901 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Sonu Sah @ Konu Sah @ Sonu Kumar Son of Raj Kumar Sah @ Raju Sah Resident of Village - Tin Gachhiya, P.S.- Town, Distt.- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in K. Nagar P.S. Case No. 24 of 2019, registered for the offence punishable under Section 302 and 201 of the Indian Penal Code.
The informant alleged that co-accused Arun Ram has got illicit relation with his daughter-in-law. On 13.01.2019 Informant's son and co-accused Arun Ram had gone for fishing, but his son did not return. On 15.01.2010, the dead body of his son stained with blood, wrapped in bed-sheet was found lying in a pond. The informant has suspicion that Arun Ram has committed murder of his son.
It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case on mere suspicion. Petitioner is not named in the FIR. Name of this petitioner has come on the basis of confessional
Patna High Court CR. MISC. No.73901 of 2019(3) dt.31-01-2020 2/2 statement of co-accused Arun Ram. Save and except confession of co-accused, there is nothing against this petitioner. Specific allegation is against Arun Ram who has been granted bail by this court vide order dated 10.01.2020 passed in Cr. Misc. No. 60139 of 2019. Petitioner is in custody since 24.09.2019 having clean antecedent.
Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 24 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T