Dharmendra Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12172 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== DHARMENDRA SAO, aged about 35 years, (M) Son of Sri Manoj Sao Resident of Village - Karanpura, jarua, Mahnar road,P.S-Ganga Bridge, Dist.- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 498 (A), 34 and 120 B of the Indian Penal Code and under Section 3/4 of the D.P. Act.

Complainant who is victim girl has alleged that due to non-fulfillment of demand of dowry petitioner (husband) tortured and ousted her from her matrimonial house along with her children.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.12172 of 2019(2) dt.14-03-2019 2/3 that he is innocent and has been falsely implicated in this case. Allegation against petitioner is false and concocted. There is general and omnibus allegation against petitioner. Petitioner has got no criminal antecedent and is in custody since 31.10.2018. 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 court below where the case is pending in connection with Mahila (Patna) P.S. Case No. 156 of 2018, with following condition:- (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

Patna High Court CR. MISC. No.12172 of 2019(2) dt.14-03-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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