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Patna High CourtCR. MISC./31918/2015bail granted

Raj Kumar Sah v. The State Of Bihar

2015-08-14Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31918 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raj Kumar Sah, Son of Late Bijli Sah, resident of village & P.O. Sisahni, P.S. Pakridayal, Distt. - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 304B, 120B, 201/34 of the Indian Penal Code.

The allegation against the accused including the petitioner is to have assaulted and tortured the deceased due to non-fulfillment of demand of dowry.

It is submitted that the petitioner is the father-in-law of the deceased. There is no specific allegation of overt act against him. He has been in custody since 3.04.2015 having no criminal antecedent. However, after investigation, charge sheet has already been submitted and there is no chance of tampering with the

Patna High Court Cr.Misc. No.31918 of 2015 (2) dt.14-08-2015 2/2 witnesses.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Motihari, East Champaran in Pakridayal P.S. Case No.47 of 2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T