Justice Kishore Kumar Mandal granted bail to the petitioner facing charges under sections 498A, 326, and 307/34 IPC, considering the prolonged incarceration and the prosecution's failure to produce witnesses despite the charge being framed.
Bail granted on Rs. 10,000 with two sureties of like amount each, one of whom must be a close family member.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57365 of 2015
Arising Out of PS.Case No. -257 Year- 2012 Thana -BAHERI District- DARBHANGA ====================================================== Gaurishankar Sah S/o Ram Prasad Sah Resident of village - Jagarnathpur Hat Gachi Biroul, Police Station - Biroul, District - Darbhanga .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. T.N.Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 03-02-2016 Heard Mr. Prabhat Kumar Singh for the petitioner and Mr. Dayal, APP for the State. Status report called for has been received and placed at Flag-A. The petitioner is facing prosecution under sections 498A, 326 and 307/34 IPC. The allegation is that while the informant was sitting with her sister, the petitioner arrived there and persuaded her to go with him. On refusal, it is alleged that an acid like substance was poured on the informant and other family members. Considering the allegation as also the fact that the petitioner was in custody since 29.04.2013, the prayer for bail was rejected by order dated 23.09.2014 passed in Cr. Misc. No. 18138 of 2014 (Annexure-1), relevant part whereof is extracted
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hereunder:-
“However, considering the fact that he is languishing in jail since 29.04.2013, this Court would grant the petitioner liberty to move the court below for bail after six months from the date of receipt/production of a copy of this order if the trial does not record adequate progress.”
It is submitted that the case has not recorded any satisfactory progress as after framing of charge against the petitioner on 29.04.2015 not a single prosecution witness has been produced and examined. The petitioner continues to incarcerate since 29.04.2013. The status report explains that the charges were framed on 29.04.2015. In spite of summons and bailable warrant issued no witness has been produced on behalf of the prosecution.
Considering the facts and circumstances of the case including the period of incarceration of the petitioner and evasive attitude of the prosecution in not producing witness(s) for evidence, I am persuaded to direct release of the petitioner above named on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge, Darbhanga in S.T. No. 64 of 2014 (Baheri P.S. Case No. 257 of 2012) on conditions that one of the bailors shall
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be his own/close family member. The petitioner shall continue to appear in person on all the dates fixed at the trial. In case he defaults in doing so on two consecutive dates without there being any satisfactory reason, the trial court shall have liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J)
HR/-
U T
3 issues framed by the court
Whether petitioner should be released on bail given the delay in prosecution and lack of evidence.
Whether the High Court should amend previous bail conditions allowing court below to grant bail after six months.
What conditions should be imposed for the petitioner's bail release.
4 provisions across 1 enactments
Gaurishankar Sah
State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
