← Library
Patna High CourtCR. MISC./12963/2020bail granted

Tarkeshwar Sah v. The State Of Bihar

2021-02-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12963 of 2020 Arising Out of PS. Case No.-562 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== TARKESHWAR SAH S/o Ram Bachan Sah Resident of Village- Badheya, P.S.- Dhanauti, Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr.Ansar Ul Haque, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Petitioner is in custody since 23.07.2018.

Petitioner is husband of the victim of dowry death. In the past, prayer for bail was refused on 02.05.2019 with direction to the court below to conclude the trial within nine months and liberty was allowed to the petitioner to renew prayer for bail if the trial is not concluded within aforesaid period. The report of the trial Judge dated 04.11.2020 would reveal that after framing of the charges, no prosecution witness has turned up.

Considering the period already undergone by the

Patna High Court CR. MISC. No.12963 of 2020(4) dt.01-02-2021 2/2 petitioner as under trial prisoner and undertaking of the petitioner to cooperate with the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Siwan Muffasil P.S. Case No. 562 of 2017, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T