Amendra Kumar @ Amrendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7930 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- DEO District- Aurangabad ====================================================== AMENDRA KUMAR @ AMRENDRA KUMAR S/o Shivdutt Mehta R/o Village - Ishraur, P.S. - Deo, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukul Kumari For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Deo P.S. Case No. 103 of 2021 registered for the offence under Sections 304(B), 120(B), 201 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 19.10.2021.
The allegation against the accused/petitioner is to commit dowry death along with other family members due to non-fulfillment of dowry demand of four wheeler in connection with the marriage of the daughter of the informant. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.7930 of 2022(3) dt.13-06-2022 2/3 submitted that the petitioner is brother-in-law of the deceased and the nature of allegation is very much omnibus. It is submitted that petitioner is student and is preparing for different competitive examinations and implicated in the present case only being member of the joint family. It has further been submitted that charge-sheet has already been submitted in this case and, as such, there is no chance of tampering with the evidence. While concluding the argument, it has been submitted by learned counsel that the deceased was last seen along with her husband namely Karmendra Kumar.
Learned APP while appearing on behalf of the State while opposing the prayer for bail fairly conceded the fact that the allegation against this accused/petitioner is very much omnibus, rather the same is specific against the husband of the deceased.
Considering the facts and circumstances as mentioned above and as the nature of allegation against the petitioner who is brother-in-law of the deceased is very much omnibus, coupled with the fact that the charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Deo P.S. Case No. 103 of 2021 on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.7930 of 2022(3) dt.13-06-2022 3/3 sureties of the like amount each to the satisfaction of A.C.J.M. IV, Aurangabad, subject to the following condition: (i) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents. (ii) One of the bailors shall be Ram Vinay Singh, who is maternal uncle of the petitioner, in relation and deponent in present bail petition.
(Chandra Shekhar Jha, J) Ranjeet/- U T