Binod Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45715 of 2014 (3) dt.18-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45715 of 2014 Arising Out of PS.Case No. -21 Year- 2013 Thana -KALER District- JEHANABAD ======================================================

1. Binod Kumar S/o Late Vidya Sagar Chandrabanshi Resident of villageParsurampur, P.S.- Kaler, District- Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kaler P.S. Case No. 21 of 2013 registered for the offences punishable under Sections 498A, 304 (B)/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Allegedly, the petitioner being the husband along with others due to non-fulfillment of demand of dowry killed the daughter of the informant.

Submission is that the deceased was of short temper and she committed suicide which was informed to her parents and the informant came and started demanding amount of rupees one lac from the petitioner and his family members and due to non-

Patna High Court Cr.Misc. No.45715 of 2014 (3) dt.18-02-2015 fulfillment of that demand he lodged this case. There is general and omnibus allegation, the petitioner is suffering in custody since 14.4.2013 and in this case chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence. Learned APP opposes the prayer for bail.

Considering the period of detention and further there is no chance of tempering with the evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge I, Jehanabad in Sessions Trial No. 438 of 2013 arising out of Kaler P.S. Case No. 21 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T