Patna High CourtCR. MISC./9443/2018bail granted

Santosh Sah v. The State Of Bihar

2018-04-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9443 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Santosh Sah Son of Rajendra Sah Resident of Village- Kalleyana, Police Station- Sadar, District Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv For the Opposite Party/s : Mr. Md. Fahimuddin,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code.

Petitioner is elder brother of the husband of the victim of dowry death. Allegation is general and omnibus against all the inlaws including the petitioner of demand of dowry and torture for the same.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 20.07.2017. The petitioner is not named in the FIR. However, subsequently name of the petitioner has been substituted in place of another brother Lal Babu Sah who normally resides at Delhi. Husband is already in custody. Investigation of the

Patna High Court Cr.Misc. No.9443 of 2018 (3) dt.02-04-2018 case is complete and the petitioner is ready to cooperate with the trial.

Learned counsel for the informant opposed the prayer for bail on the ground of seriousness of allegation against the petitioner.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sadar Police Station Case No.267 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T