Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28227 of 2012 ====================================================== Moharram S/o Late Buteli Mian resident of Village- Singhia Sagar, P.S- Banjaria, District- East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 25-07-2012 Heard Mr. Suraj Naranyan Prasad Sinha, learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sessions Trial No. 6 of 2012 arising from Turkaulia (Banjaria) P.S. Case No. 213 of 2011 for offence punishable under [STATUTE] . The allegation against this petitioner is of killing the son of the informant on charges of being in illicit relationship with his wife. A knife allegedly containing blood stain was recovered from a hutment said to be belonging to the petitioner and considering which circumstance the prayer of the petitioner was earlier considered and rejected by order dated 18.01.2012 passed in Criminal Misc. No. 37743 of 2011. Learned counsel for the petitioner submits that the basis of Patna High Court Cr.Misc. No.28227 of 2012 (2) dt.25-07-2012 2 the F.I.R. is the statement made by one Munna Patel, the proprietor of a cycle store where the deceased was working, as given to the father of the deceased but the said Munna Patel during the course of evidence has deposed that he had not given any such information to the informant rather had merely attested on the report given by the informant as also on the seizure list. It is further submitted that although the dabia (knife) was seized from a hutment but the Forensic report in respect thereof is yet to be received, to confirm whether the blood found thereon was of a human. It is further submitted that out of six charge sheet witnesses four have already been examined and none has confirmed the incidence. Remaining two witnesses are the Doctor and the Investigation Officer. It is thus submitted that by reason of evidence which are circumstantial in nature, the petitioner continues to be in incarceration since 20.06.2011 Regard being had to the submissions of learned counsel and the period of custody, let the petitioner Moharram be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 6 of 2012 arising from Turkaulia (Banjaria) P.S. Case No. 213 of 2011 subject to the Patna High Court Cr.Misc. No.28227 of 2012 (2) dt.25-07-2012 3 condition that he should be personally present on each and every date during the course of trial and the failure on the part of the petitioner to be personally present before the trial court on each date fixed in the trial without reasonable explanation to the satisfaction of the trial court would entitle the court concerned to cancel his bail bonds and to take him into custody. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.