IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27251 of 2011
Umesh Thakur S/o Sri Bhrigunath Thakur, R/o Village
Medhuka, P.S. Baniapur, district-Saran.
--Petitioner
Versus
The State Of Bihar --Opp.Party
2 07.09.2011
Supplementary affidavit has been filed.
Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
Petitioner is one of the named accused in
this case being husband of the deceased daughter
of the informant who died within six years of
marriage during treatment, leaving behind two
male child. Submission is that the informant, on
getting information, has also filed an application
exonerating the petitioner and others. Moreover,
other co-accused had been granted privilege by
this court by composite order passed in Cr.Misc.
no. 20553 and 20556, both of 2011.
Considering the facts and circumstances,
in the event of informant appearing before the
court below supporting contents of petition said to
have been filed and also appearing as one of the
bailers, the petitioner, in the event of arrest or
surrender within four weeks from today, is
directed to be enlarged on bail on furnishing
bonds of Rs. !0,000/- (Rupees ten thousand) with
two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate,
Saran at Chapra in Baniapur P.S. Case no. 26 of
2011, subject to the conditions laid down in
Section 438 (2) of the Code of Criminal Procedure
with additional condition that the petitioner shall
remain present before the court below on each
and every date till disposal of the case. If the
petitioner fails to remain present on two
consecutive dates without any reasonable
explanation the privilege granted shall be deemed
to be canceled.
( Akhilesh Chandra, J.)
AAhmad