Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7716 of 2020 Arising Out of PS. Case No.-236 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== AMIT KUMAR Son of Ramchandra Paswan Resident of Village - Karuamor, Rupni, P.S.- Chautham, Distt.- Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State. A supplementary affidavit has been filed on behalf which is kept on record.
The petitioner seeks bail in a case instituted for the offences under Sections 498(A), 304(B)/34 of the Indian Penal Code.
Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.08.2019 and has got no criminal
Patna High Court CR. MISC. No.7716 of 2020(5) dt.14-07-2020 2/2 antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. A petition has been filed on behalf of the informant in the Court below where he has retracted from the earlier statement made in the F.I.R. The said petition has been brought on record by way of supplementary affidavit.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.
Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No. 236 of 2018.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case. (Sudhir Singh, J) Pankaj/- U T