High Court Patna High Court - Orders

Kashi Rai vs The State Of Bihar on 15 December, 2010

Patna High Court – Orders
Kashi Rai vs The State Of Bihar on 15 December, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Cr.Misc. No.44075 of 2010
KASHI RAI, son of Raghunath Rai, resident of village - Chhapra
Bahar, P.S. - Sugauli, District - East Champaran at Motihari.
                                                 ----- Petitioner.
                               Versus
THE STATE OF BIHAR                             --- Opposite Party
                              -------

02. 15.12.2010 Heard learned counsel for the petitioner

and learned Additional Public Prosecutor for

the State.

Petitioner is named accused in this case

being husband of the deceased, about whose

death and disposal of the body, six days after

village choukidar on getting vague information

got the case instituted and as it appears from

the order of learned Sessions Judge, there is

nothing to show any involvement of the

petitioner with whom his father-in-law i.e.

father of the deceased had already entered into

compromise and much before made statement under

section 161 of the Cr.P.C. exonerating the

petitioner.

Considering the facts and circumstances

of the case, in the event of his

arrest/surrender before the court below within

four weeks of receipt of the copy of this

order, and one of the bailors must be the

father of the deceased, petitioner, namely,
-2-

Kashi Rai, is directed to be released on bail

on furnishing bail bond of Rs. 10,000/- (ten

thousand only) with two sureties of the like

amount each to the satisfaction of Chief

Judicial Magistrate, Motihari, in connection

with Sugauli P.S. case No. 57 of 2007, subject

to condition laid down under Section 438(2) of

the Criminal Procedure Code with additional

condition to remain physically present before

the court below on each and every date at least

for two years or till disposal of the case

whichever is earlier, in case of failure on two

consecutive dates, the liberty shall be deemed

to be cancelled.

Rajeev/                                   (Akhilesh Chandra, J.)