High Court Patna High Court - Orders

Fukan Sah @ Jugeshwar Sah vs State Of Bihar on 6 October, 2010

Patna High Court – Orders
Fukan Sah @ Jugeshwar Sah vs State Of Bihar on 6 October, 2010
           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
                               -----------

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. )