Patna High CourtCR. MISC./4620/2020bail granted

Dhanesh Sah @ Dhaneshwar Sah v. The State Of Bihar

2020-01-23Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4620 of 2020 Arising Out of PS. Case No.-132 Year-2018 Thana- DERNI BAZAR District- Saran ====================================================== DHANESH SAH @ DHANESHWAR SAH, S/o Muni Sah R/o villageMonopur Bela, P.S.- Derni, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Bhaskar, Adv.

For the Opposite Party/s :

Mr.Nityanand (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Informant has alleged that his daughter was married with Tuntun Sah in the year 2012 and thereafter she was being tortured for non-fulfillment of demand of dowry. On 14.08.2018 he received the information that his daughter has been killed and before his reaching matrimonial house of his daughter the dead body was disposed of.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.4620 of 2020(2) dt.23-01-2020 2/2 that he has committed no offence and he has been falsely implicated in this case due to enmity and suspicion. The informant was present at the time of cremation. Petitioner is not a family member and reside separately and is in custody since 23.10.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Derni P.S. Case No. 132 of 2018, subject to 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 represented on each and every date fixed by the court.

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

(S. Kumar, J) Rajiv/- U T