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Patna High CourtCR. MISC./7986/2023allowed

Govind Dom @ Govind Kumar v. The State Of Bihar

2023-05-03Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7986 of 2023 Arising Out of PS. Case No.-775 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Govind Dom @ Govind Kumar, Son of Mahesh Dom @ Mahesh Malik, Resident of Mohalla - Hanuman Ghat, Pipli Dham Barari, P.S.- Barari, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kotwali (Barari) P.S. Case No. 775 / 2022 registered for the offence punishable under Sections 302 / 120B / 34 of the Indian Penal Code.

As per the prosecution case, son of the informant was living in his sasural by constructing his house and got married with his sister-in-law due to which he was mentally tortured by his in-laws. It is alleged that in-laws, named as accused in F.I.R. entered the house of the deceased under conspiracy, tied his neck with rope and assaulted on his head, due to which son of

Patna High Court CR. MISC. No.7986 of 2023(2) dt.03-05-2023 2/3 the informant died.

Learned counsel for the petitioner submits that the petitioner is brother-in-law of the deceased and there is no specific allegation against him, there is no eye-witness to the occurrence and the name of the petitioner and other co-accused have been given in the F.I.R. only on the basis of suspicion. The victim was living in his Sasural and the wife of the deceased has given statement that the room of the deceased was locked from inside. The petitioner has no criminal antecedent and he is languishing in jail custody since 21.10.2022. Charge sheet has already been submitted in this case.

Learned Additional Public Prosecutor appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court in connection with Kotwali (Barari) P.S. Case No. 775 / 2022 subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.7986 of 2023(2) dt.03-05-2023 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court.

2. He shall not tamper with the prosecution evidence in any manner whatsoever.

3. In case of absence on two consecutive dates without sufficient reason or if the petitioner misuses the liberty or violates any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) saurabhkr/- U T