IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25800 of 2010
FUKAN SAH @ JUGESHWAR SAH S/O LATE MUSHHAR SAH
Versus
STATE OF BIHAR
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3. 06.10.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case
instituted for the offence under Sections 341, 323,
324, 326, 307/34 of the Indian Penal Code and
Section 302 also added.
It has been submitted that in the First
Information Report which was given by way of a
dying declaration by the deceased at 9.15 p.m. of
9.3.2010 there is an allegation against both the
persons of having committed her death by burning
out. However, the medical report annexed as
annexure no. 2 shows that at 7.10 p.m. on the same
day when the deceased was admitted in the hospital
that the patient was unconscious and the treatment
had begun at 8.30 p.m. On this the submission is
that in fact the entire story of dying declaration is
completely false. Further submission is that during
investigation some witnesses stated that the
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deceased has herself set on fire on account of
creating some evidence against the co-accused
persons for reasons of land dispute.
Considering the same, let the petitioner
above named, be released on bail on furnishing bail
bond of Rs. 5,000/-(Five thousand) with two sureties
of the like amount each or any other surety to be
fixed by the court concerned to the satisfaction of
learned Chief Judicial Magistrate, Darbhanga in
connection with Darbhanga Sadar P.S. Case No.
88/10, subject to the conditions, (i) That one of the
bailor will be a close relative of the petitioner who
will give an affidavit giving genealogy as to how he is
related with the petitioner. The bailor will undertake
to furnish information to the Court about any
change in address of the petitioner. (ii) That the
affidavit shall clearly state that the petitioner is not
an accused in any other case and if he is he shall
not be released on bail, (iii) That the bailor shall also
state on affidavit that he will inform the court
concerned if the petitioner is implicated in any other
case of similar nature after his release in the present
case and thereafter the court below will be at liberty
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to initiate the proceeding for cancellation of bail on
ground of misuse, (iv) That the petitioner will give an
undertaking that he will receive the police papers on
the given date and be present on date fixed for
charge and if he fails to do so on two given dates
and delays the trial in any manner, his bail will be
liable to be cancelled for reasons of misuse, (v) That
the petitioner will be well represented on each date if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
Fahad. ( Anjana Prakash, J. )