Sukari Baidya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28830 of 2021 Arising Out of PS. Case No.-248 Year-2019 Thana- BAUNSI District- Banka ====================================================== SUKARI BAIDYA Son of Bijo Baidya Resident of Village - Golhatti, P.S. - Bounsi, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 304B/34 of the Indian Penal Code.

It is case of dowry death in which it is alleged that death of victim was caused by this petitioner and others due to non-fulfillment of dowry.

It is submitted on behalf of petitioner that the petitioner is brother-in-law of the deceased and there is general and omnibus allegation. Petitioner is separate in mess and property with the husband of the deceased and husband of the deceased is already in custody. Petitioner is in custody since 04.12.2020. Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.28830 of 2021(2) dt.12-08-2021 2/2 bail.

Considering the facts and circumstances of the case, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss. Ruby Kumari, Judicial Magistrate, Banka in Bounsi P.S. Case no. 248/2019 on the following conditions.

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T