Suraj Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.802 of 2019 Arising Out of PS. Case No.-517 Year-2017 Thana- PURNEA SADAR District- Purnia ====================================================== Suraj Poddar aged about 26 years Gender-Male, s/o Prakash Poddar Resident of Mohalla-Rambag, P.S-Sadar, District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of torturing the Informant along with FIR named accused for non fulfillment of demand of dowry and lastly killing her.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. The deceased has committed suicide. In the Post Mortem Report, Doctor has opined death due to

Patna High Court CR. MISC. No.802 of 2019(5) dt.26-03-2019 2/3 Asphyxia as a result of hanging. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide order dated 29.10.2018 passed in Criminal Miscellaneous No. 63740 of 2018. Petitioner has got no criminal antecedent and is in custody since 26.09.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with S.T. No. 268 of 2018 arising out of Sadar P.S. Case No. 517 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.802 of 2019(5) dt.26-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U