Kunji Lal Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22262 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -JADIA District- SUPAUL ====================================================== Kunji Lal Mehta, S/o Late Sukhdeo Mehta, resident of Village- Kajha, P.S.- Jadia, District- Supaul .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. R.C. Thakur, Advocate Mr. Kamal Kishore Singh, Advocate For the S t a t e : Mr. Rana Randhir Singh, APP For the Informant : Mr. Rakesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.
The petitioner is in custody since 04.12.2017 in connection with Jadia P.S. Case No.163 of 2017 registered for the offence under Sections 147, 302, 201 and 120B of the Indian Penal Code.
Learned counsel for the petitioner submits that the name of the petitioner has appeared only because of the statement of the child-grandson of the informant, but all through in the case diary there is no further statement of the child regarding the involvement of the present petitioner.
Patna High Court Cr.Misc. No.22262 of 2018 (3) dt.10-05-2018 2/3 Learned counsel for the petitioner further submits that the informant has on suspicion named the entire family members, which include the present petitioner, who is the cousin uncle of the husband of the deceased. It is further submitted that the petitioner was arrested from the place of occurrence on the very date of occurrence.
Having considered the entire materials on record and after having heard learned counsel for the petitioner and the informant and the State, it appears that the case is based more on suspicion, as the petitioner is also closely related to the family of the husband of the deceased. In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Supaul, in connection with Jadia P.S. Case No.163 of 2017, subject to the following conditions :
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in
Patna High Court Cr.Misc. No.22262 of 2018 (3) dt.10-05-2018 3/3 any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T