High Court Patna High Court - Orders

Umesh Thakur vs The State Of Bihar on 7 September, 2011

Patna High Court – Orders
Umesh Thakur vs The State Of Bihar on 7 September, 2011
                 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