Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49357 of 2017 Arising Out of PS.Case No. -129 Year- 2006 Thana -ADAPUR District- EASTCHAMPARAN(MOTIHARI) ====================================================== Dhiraj Kumar S/o Anil Kumar @ Anil Kumar Barnwal, R/o VillageShyampur Bazar, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 304B/34 of the Indian Penal Code.

The FIR discloses that the accused persons including the petitioners have murdered the daughter of the informant for demand of dowry.

Counsel for the petitioner has drawn attention of the Court towards the deposition of the informant in another sessions trial wherein he has not supported the allegations. Relying on the aforesaid statement this Court vide order dated 08.02.2013 passed in Cr. Misc. No. 3088 of 2013 has granted bail to the husband

Patna High Court Cr.Misc. No.49357 of 2017 (2) dt.17-10-2017 2/3 (elder brother of the instant petitioner). A further submission is that petitioner has separate and independent establishment from the husband of the deceased and that the deceased had committed suicide.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran in Adapur P.S. Case No. 129 of 2006 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner,

Patna High Court Cr.Misc. No.49357 of 2017 (2) dt.17-10-2017 3/3 his bail will be liable to be cancelled for reasons of misuse.

(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T