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
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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.)