Kitabani Khatun vs The State of Bihar (now Jharkhand)

Heard the learned counsels appearing for the parties and perused the documents on record.

The petitioner has been made accused in Sadar P.S.Case No.317/2016 corresponding to R.N.F. No.1361 of 2016 registered under sections 384, 386, 392 IPC .

Referring to order granting bail to co?accused?Manoj Sao by the sessions court, the learned counsel for the petitioner submits that the petitioner, who is in judicial custody since 25.11.2016 after filing of the charge?sheet, deserves grant of bail in this case.

The learned APP opposing the prayer for grant of bail, submits that the petitioner is involved in another case vide Rajpur P.S.Case No.45/2013 which was registered for offence under section 392 IPC . Responding to this, the learned counsel for the petitioner submits that the petitioner in that case has already been granted bail by this Court in B.A. No.1206/2014.

Having regard to the facts and circumstances of the case, the petitioner, namely, Krishna Ram, is directed to be released on bail, if not wanted in connection to any other criminal case, on furnishing bail bond of Rs.10,000/? (Rupees ten thousand) with two sureties of the like amount each; one of the bailors shall be class?I legal heir of the petitioner to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Sadar P.S.Case No.317/2016 corresponding to R.N.F. No.1361 of 2016, on the following conditions:

(i) he shall appear regularly during the trial in Sadar P.S.Case No.317/2016 and Rajpur P.S.Case No.45/2013, but for special circumstances for which he shall move an appropriate application before the trial court for exemption from appearance, and (ii) he shall not change his place of residence without permission of the court. 6. This application is allowed. Let a copy of this order be sent to the trial court through FAX.