Anil Prasad Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28881 of 2021 Arising Out of PS. Case No.-311 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Anil Prasad Soni Son of Kedar Prasad Soni Resident of Village- Chiknauta, P.S.- Sugauli, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar Mr. Ansul Mr. Ravi Kant Kumar Mr. Navneet Kumar For the Informant : Mr. Mukul Pd. For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.
The petitioner seeks bail in Sugauli P.S. Case No. 311 of 2020, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
As per the prosecution case, daughter of informant was married with this petitioner in the year 2012. After marriage, she was subjected to torture and harassment for nonfulfillment of demand of motorcycle as dowry. Ultimately, on 07.06.2020 son-in-law (petitioner) informed the informant on mobile about the death of his daughter. It is further alleged that petitioner and his family members killed the daughter of informant by hanging her.
Patna High Court CR. MISC. No.28881 of 2021(4) dt.21-10-2021 2/3 It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, the deceased has committed suicide and she was suffering from mental disease and being treated by Dr. C.B. Madesiya at Chaitnya Hospital, Gorakhpur, Uttar Pradesh. The police after investigation submitted chargesheet against petitioner under Section 306/34 of the Indian Penal Code. Petitioner is in custody since 21.08.2020 having clean antecedent. Chargesheet has already been submitted.
Counsel for the informant vehemently opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 311 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates
Patna High Court CR. MISC. No.28881 of 2021(4) dt.21-10-2021 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T