The Patna High Court granted bail to Janak Rai, a father-in-law charged under Section 304-B IPC, who had been in custody since June 2018, citing his willingness to cooperate and the lack of specific allegations against him.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46251 of 2018
Arising Out of PS.Case No. -161 Year- 2017 Thana -FATUHA District- PATNA
====================================================== 1. Janak Rai son of Late Sudhan Yadav @ Sudhan Rai @ Late Sudhan Singh, resident of Village- Murajpur, P.S. Fatuha, District- Patna.
| 1. The State of Bihar | .... .... Petitioner/s Versus .... .... Opposite Party/s |
|---|---|
| ===================== | ================================= |
| Appearance : | |
| For the Petitioner/s : |
Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari Miss. Preety Kunwar |
| For the State : ===================== |
Mr. U.L. Verma, A.P.P. ================================= |
| CORAM: HONOURABLE ORAL ORDER |
JUSTICE SMT. ANJANA MISHRA |
2 21-08-2018 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the informant is also present.
The petitioner being the father-in-law has been in custody since 12.06.2018 in connection with Fatuha P.S. Case No. 161/2017 registered for the offences punishable under Sections 304-B of the Indian Penal Code.
Learned Senior Counsel for the petitioner submits that there is no specific allegation against the present petitioner as father-in-law and the main accused has since been extended the privilege of bail by this Court in a Criminal Writ Application. Learned Senior Counsel further submits that the petitioner is willing and ready to co-operate in investigation and trial which shall ensue thereafter and he may be extended the privilege of bail.
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Learned counsel appearing on behalf of the informant
submits that there is ample material in the case diary and therefore, the case dairy may be called for. He, however, refers to the case dairy which is available with him, but it appears from the statement of the witnesses to which he has pointed out, that even such independent witness has not supported the case against the present petitioner.
In view of the aforementioned facts and
circumstances and that the petitioner is willing to abide by the terms and conditions laid down by this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna City, Patna, in connection with Fatuha P.S. Case No. 161/2017, subject to the following conditions:-
on each and every date during trial and in the event of failure on two consecutive dates without sufficient
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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)
Saif/-
U T
1 issue framed by the court
Whether the petitioner, a father-in-law in custody for Section 304-B IPC charges, is entitled to be released on bail.
1 provisions across 1 enactments
Janak Rai
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
