Rup Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52173 of 2014 Arising Out of PS.Case No. -217 Year- 2013 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rup Lal Sah Son of Late Suruj Sa Resident of Village Shambhuchak, P.S. Kalyanpur, District - East Champaran.

.... .... 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. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B)/34, 120 (B)/201 of the I.P.C Allegedly for not fulfilling the demand of dowry by way of motorcycle and gold chain the petitioner being husband burnt the daughter of the informant to death. Submission is of false implication and that the petitioner used to work out side for his livelihood. No objective material has been brought on record to establish disposal of the dead body and the petitioner is suffering in custody since 27.12.2013 having no criminal antecedent. The petitioner has

Patna High Court Cr.Misc. No.52173 of 2014 (3) dt.04-03-2015 2/2 never demanded any dowry and all the allegations are false. Charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

In the facts and circumstances as stated above, considering detention of the petitioner now he is directed to 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 C.J.M. East Champaran at Motihari in Kalyanpur P.S. Case No. 217 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) Abhay/- U T