Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11803 of 2023 Arising Out of PS. Case No.-517 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Amarjeet Kumar, aged about 34 years, Male Son of Sri Ashok Singh, Resident of Village- Bihat Tola Gurdaspur, P.S- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate with Ms. Vaishnavi Singh, Advocate and Mr. Titwik Thakur, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barauni (F.C.I.) P.S. Case No. 517 of 2021 dated 21.12.2021 registered for the offence punishable under Sections 498A, 304 (B), 302/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, the allegation against the petitioner is that he along with other family members used to demand dowry and upon non-fulfilment of the same, he murdered the victim, who is his wife by hanging her.

Patna High Court CR. MISC. No.11803 of 2023(2) dt.15-05-2023 2/3 Learned counsel for the petitioner submits that the allegation is general and omnibus and there is no specific allegation against the petitioner. At the time of occurrence, the petitioner and his family members were not present at the house. He has no criminal antecedent and is in jail custody since 01.11.2022. Charge sheet has already been filed and there is no chance of tampering with the prosecution evidence. Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni (F.C.I.) P.S. Case No. 517 of 2021, subject to following conditions:- (i) 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. (ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond

Patna High Court CR. MISC. No.11803 of 2023(2) dt.15-05-2023 3/3 will be liable to be cancelled by the Court concerned. (iii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) Anand Kr.

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