Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33916 of 2015 Arising Out of PS.Case No. -51 Year- 2012 Thana -BELA District- SITAMARHI ====================================================== Ashok Sah, son of Hajari Sah, resident of village- Sri Rampur @ Teliyahi, P.S.- Bela, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the victim has renewed his prayer for bail in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of the dowry demand.

The earlier prayer for bail of the petitioner was rejected by this Court in view of the submission of the learned counsel for the petitioner that in the trial of father of the petitioner the informant has not supported the accusation. Liberty was given

Patna High Court Cr.Misc. No.33916 of 2015 (02) dt.23-09-2015 2/2 to the petitioner to renew his prayer for bail on examination of the informant.

It is submitted by learned counsel for the petitioner that the informant has been examined during trial of the petitioner as P.W. 1 and has not supported the prosecution case, consequently he has been declared hostile. The deposition of the informant has been brought on record as Annexure-4 series. Considering the fact that the petitioner is in custody since 24.06.2014, the informant has not supported the accusation and the liberty given in the earlier order, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Sitamarhi in connection with Sessions Trial No. 87 of 2015 arising out of Bela P.S. Case No. 51 of 2012.

The learned trial court will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T