Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6585 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- TEKARI District- Gaya ====================================================== MUKESH KUMAR aged about 42 years (Male) Son of- Kishori Saw VillageMau, P.S.- Tekari (Mau O.P.), District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Gangesh Gunjan For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Tikari (Mau O.P.) P.S. Case No. 131 of 2018 registered for the offence punishable under Sections 498 (A), 304(B) and 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

Complainant who is the father of the deceased has alleged that petitioner along with his family members tortured and killed his daughter by setting her ablaze due to nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to local village politics. He is father-in-law of the deceased. Offence is alleged to be committed on 28.03.2017 but complaint case was filed in the Court of C.J.M. on 14.11.2017. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.6585 of 2019(2) dt.11-02-2019 2/2 25.10.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya, in connection with Tikari (Mau O.P.) P.S. Case No. 131 of 2018 with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) sudha/manojU T