Patna High CourtCR. MISC./2902/2020bail granted

Jitendra Sah v. The State Of Bihar

2020-06-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2902 of 2020 Arising Out of PS. Case No.-372 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Jitendra Sah S/o Achhelal Sah 2.

Nanak Kumar @ Nanhak Kumar S/o Achhelal Sah Both R/o village- Mahuaahi, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-06-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B/120B/34 of the Indian Penal Code.

The petitioners are Dewar of the victim of dowry death.

Submission is that the death took place after more than ten years of marriage. Hence, presumption of dowry death is not there. There is no eyewitness of the occurrence to substantiate that petitioner had committed the murder. Only

Patna High Court CR. MISC. No.2902 of 2020(4) dt.25-06-2020 2/2 allegation of conspiracy is there.

Considering the fact that there is no direct evidence against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ghorasahan Police Station Case No. 372 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T