Munna Patel v. The State Of Bihar

Patna High Court Cr.Misc. No.5307 of 2015 (3) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5307 of 2015 Arising Out of PS.Case No. -166 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munna Patel Son of Sri Madan Patel Resident of Vilalge - Tedhikuiya, P.S- Shikarpur, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Gupta For the Opposite Party/s : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Shikarpur P.S. Case No. 166 of 2014 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. The petitioner being the husband of the informant's daughter along with others due to non-fulfillment of demand of dowry by way of motorcycle killed her and burnt the dead body.

Submission is of false implication and that the informant after realizing the real fact has filed compromise petition. The petitioner is suffering in custody since 10.11.2014

Patna High Court Cr.Misc. No.5307 of 2015 (3) dt.04-03-2015 and in this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned counsel for the informant submits that the parties have compromised the case.

In the facts and circumstances stated above and considering that in this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 166 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- s U T