Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9230 of 2019 Arising Out of PS. Case No.-312 Year-2013 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chandan Kumar, male, aged about 32 years, s/o late Shesh Narain Singh Resident of Village - Panapur Langa Garh, P.S. Sadar Hajipur, Dist, Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No.39/18 arising out of Hajipur Sadar P.S. Case No. 312/13 registered for the offence punishable under Sections 498(A), 328, 304(B), 120(B) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner (husband of the deceased) is to have killed the daughter of the informant by administering poison along with F.I.R. named accused for nonfulfillment of demand of dowry.

Patna High Court CR. MISC. No.9230 of 2019(2) dt.28-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that at the time of occurrence, petitioner was not present there rather he was out of station for his livelihood. Petitioner is in custody since 02.04.2017. 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 District and Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No.39/2018 arising out of Hajipur Sadar P.S. Case No. 312/2013, 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

Patna High Court CR. MISC. No.9230 of 2019(2) dt.28-02-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T