Shyam Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7767 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- DULHIN BAZAR District- Patna ====================================================== SHYAM RAJ, aged about 35 years, male, son of late Ram Charan Sao Resident of Village - Jaipur, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 06.09.2018 in connection with Dulhin Bazar P.S. Case No. 142/18 for offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The prosecution case, as lodged by the informant, is that his daughter Renu Devi was married to one Raj Kumar Sao on 05.05.2018 and after marriage the husband as well as entire in-laws family started torturing her for demand of dowry and ultimately on 11.06.2018 the informant got information that his daughter has been burnt and he found the burnt body of his daughter in the well near the house.

Patna High Court Cr.Misc. No.7767 of 2019(2) dt.11-02-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is the brother-in-law of the husband of the deceased and has his separate home and hearth and is not in any way involved in the said offence. The husband is already in custody as stated in paragraph 13 of this application. He further submits that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Danapur, Patna, in connection with Dulhin Bazar P.S. Case No. 142/18, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear

Patna High Court Cr.Misc. No.7767 of 2019(2) dt.11-02-2019 3/3 on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T