Patna High Court - Orders
Sunil Singh @ Sunil Kumar Singh vs The State Of Bihar on 10 March, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1705 of 2010
SUNIL SINGH @ SUNIL KUMAR SINGH
Versus
THE STATE OF BIHAR
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04 10.03.2011Heard both sides.
Petitioner who is declared juvenile in conflict with law is aggrieved by appellate order dated 19.08.2010, passed on Cr. Appeal no. 43 of 2010 (Sunil Singh vs. State of Bihar) whereby his prayer for bail has been rejected.
Petitioner is facing charge punishable under Section 304B of the Penal Code. He is husband. It is the prosecution case that the victim was poisoned while staying in the matrimonial home. It is seen from the prosecution case that she was carried to local hospital/clinic for affording medical assistance. It is submitted on behalf of the petitioner that he is in remand home in connection with this case since 30.04.2010. There is no material on record to suggest that his release would bring him in association with known criminals.
A report from the concerned Probation Officer was called for which is placed on record at Flag-A. Perused the report.
Considering the facts and circumstances of the case, this Court, while setting aside the impugned order dated 19.08.2010, directs for release of the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2 J.J.B. Rohtas at Sasaram in connection with J.J.B. case no. 521 of 2010, arising out of Akorhigola P.S. case no. 30 of 2010, subject to the following conditions:-
(i) One of the bailors shall be Nagina Singh, who has affirmed the affidavit filed in the present case.
(ii) It shall be the duty of the aforesaid Nagina Singh to produce the petitioner in Court as and when directed for physical appearance. In case of default in such appearance, the Court in seisin of the matter shall have liberty to cancel the bail bond of petitioner and secure his arrest in accordance with law.
(iii) During subsistency of the privilege of bail if the petitioner is found involved in any other criminal case, the same shall be treated as a breach of the condition entailing cancellation of bail.
Sym/ ( Kishore K. Mandal, J.)