The Patna High Court granted bail to the petitioner in a criminal case under IPC Sections 376 and 342, considering the delay in trial and lack of prosecution evidence, subject to bail bond conditions and attendance.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of Rs. 10,000 each.
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Patna High Court Cr.Misc. No.35042 of 2013 (4) dt.25-09-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35042 of 2013
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1. Salo Thakur @ Sulo Thakur @ Surendra Thakur S/O Late Sheo Nandan
Thakur Resident Of Village- Kanhaipur Dih, Police Station- Mokama,
District- Patna (Bihar)
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
04/ 25.09.2013 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Earlier prayer for bail of the petitioner was twice rejected by this court considering the nature and the allegation levelled against the petitioner with direction to the trial court to conclude the trial of the petitioner within nine months but submission on behalf of the petitioner is that trial of the petitioner has not been concluded as yet and not a single witness has come forward to support the allegation.
Petitioner is in jail custody since 10.5.2010 in a case registered under sections 376 (2) G, 342 of the IPC and admittedly, one co-accused faced the trial but acquitted by the trial court.
Considering the period of detention of the petitioner in jail custody as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction the Addl. Sessions Judge, Barh, Patna in Sessions trial no. 509/2012 arising out of Mokama P.S. Case no. 29/2000 subject to the condition that petitioner
Patna High Court Cr.Misc. No.35042 of 2013 (4) dt.25-09-2013
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shall attend the learned trial court in person on each and every date for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
shahid
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether bail to the petitioner should be granted in view of the period spent in custody and lack of prosecution witnesses.
What security and conditions should be imposed for the petitioner's release on bail.
Salo Thakur @ Sulo Thakur @ Surendra Thakur
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
