Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5660 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== AKHILESH KUMAR Rambalak Singh Resident of Village- Birpur, Police Station- Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner, who is in custody, seeks bail in connection with Barbigha P.S. Case No. 290 of 2018 registered for the offence punishable under Sections 302/498(A)/34 of the Indian Penal Code.

Informant is the mother of deceased, who in her fardbeyan has stated that she had married her daughter Kanchan Devi with petitioner and thereafter she was being tortured for non-fulfillment of demand of dowry. She was informed that her daughter has been injured and is being treated in Hospital. She went to the hospital thereafter her daughter was being carried for better treatment to Biharsharif, however, she died in the way.

Patna High Court Cr.Misc. No.5660 of 2019(2) dt.07-02-2019 2/3 She has alleged that FIR named accused including petitioner have killed her daughter by administering poison to her. It has been submitted on behalf of the petitioner that demand of dowry and torture is false. Police has found the cases not to be true against other accused named in FIR and they have not been sent up by the police. In post mortem report the cause of death is Asphyxia. The police has also submitted charge sheet under Section 306 of IPC. Petitioner has no criminal antecedent and he is in custody since 11.10.2018.

Learned Counsel for the informant and State has vehemently opposed the prayer for grant of regular bail to the petitioner.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha P.S. Case No. 290 of 2018 subject to the conditions that:-

(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 his absence on two

Patna High Court Cr.Misc. No.5660 of 2019(2) dt.07-02-2019 3/3 consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T