Raju Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13895 of 2017 Arising Out of PS.Case No. -18 Year- 2015 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Raju Thakur, son of Late Jaiishun Thakur, resident of Village- Mangalpur Naya Tola, Police Station - Mohammadpur, District- Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Suresh Thakur, son of Late Naga Thakur, resident of VillageBishunpurwa, Police Station-Mufassil, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mohammadpur P.S.Case No. 18 of 2015 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Allegation as per FIR is killing of his wife by the petitioner and also there is allegation of dowry demand and torture against him.

It has been submitted on behalf of the petitioner that there is inordinate delay in lodging the FIR and it has further been submitted that the deceased was a short tempered lady and picked up pity quarrels with her husband, i.e., the petitioner and she

Patna High Court Cr.Misc. No.13895 of 2017 (3) dt.17-04-2017 2/3 committed suicide by hanging herself and the petitioner informed the family members of the deceased about her death and in their presence the dead body was disposed of and it has come in paragraphs 23, 24 & 25 of the case diary that deceased committed suicide by hanging herself and the allegations of demand of dowry and torture have not been supported by the witnesses in course of investigation and petitioner is in custody since 10.11.2016. Heard learned APP, who has not controverted the above submission.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Gopalganj, in connection with Mohammadpur P.S.Case No. 18 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of

Patna High Court Cr.Misc. No.13895 of 2017 (3) dt.17-04-2017 3/3 trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U