Gopal Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16767 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Gopal Krishna Son of Late Krishna Nandan Singh, Resident of MohallaTeachers' Colony, Jhajha, Police Station- Jhajha, District- Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jhajha P.S. Case No. 149 of 2016 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

Savita Kumari, the daughter of the informant, was married to the petitioner on 30.04.2014 and thereafter, the husband and other in-laws used to torture and assault her due to non-fulfillment of demand of dowry, 6-7 months ago amount of Rs. 25,000/- was given in bank account of Sadhna Singh but torturous act did not decrease rather increased and then on 25.07.2016 amount of Rs. 50,000/- was paid but the daughter of the informant was killed and was given a colour of hanging.

Submission is of false implication and that during investigation the witnesses vide paragraph 10 and 46 have stated that the deceased committed suicide herself and doctor has also found the case of hanging. After completing investigation chargesheet has been submitted under Section 306 IPC and as such the petitioner who is suffering in custody since 14.12.2016 deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner is the husband and there is serous allegation against him.

In the facts and circumstances stated above, considering that chargesheet has been submitted under Section 306 IPC and there is no chance of tampering with prosecution 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 Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 149 of 2016, 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