Rajendra Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13775 of 2021 Arising Out of PS. Case No.-186 Year-2019 Thana- DURAULI District- Siwan ====================================================== Rajendra Rajbhar (Male), aged about 28 years, Son of Mr. Bhuvaneshwar Resident of Village- Gaswar, P.S.- Darauli, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Darauli P.S. Case No. 186 of 2019, registered for the offence under Section 304(B)/34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant was married with co-accused Shrawan Kumar on 10.06.2019 and later on, it is alleged that all the FIR named accused persons committed the murder of sister of the informant for dowry. It is submitted on behalf of petitioner that petitioner is brother-in-law (HkSalqj) of the deceased and has got no concern with the family affairs of the husband of the deceased. The petitioner is living separately. There is general and omnibus allegation of demand of dowry and committing assault & torture on the deceased. Petitioner is in custody since 01.07.2020.

Patna High Court CR. MISC. No.13775 of 2021(2) dt.29-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties, materials available on record and the fact that petitioner happens to be brother-in-law (HkSalqj) of the deceased and there is general & omnibus allegation, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Siwan in connection with Darauli P.S. Case No. 186 of 2019, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T