Sudama Mahto @ Sudama Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20089 of 2020 Arising Out of PS. Case No.-108 Year-2014 Thana- SAHPUR District- Patna ====================================================== 1.

Sudama Mahto @ Sudama Prasad Son of Beni Mahto Resident of Village - Daudpur Bind Toli, P.O.- and P.S.- Sahpur, Distt.- Patna. 2.

Ashok Mahto Son of Beni Mahto Resident of Village - Daudpur Bind Toli, P.O.- and P.S.- Sahpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are languishing in custody for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.

The petitioners are uncles of the husband of the victim of dowry death. Allegation is general and omnibus of commission of dowry death.

Patna High Court CR. MISC. No.20089 of 2020(2) dt.20-07-2020 2/3 In the past the prayer for bail of the petitioners was refused with liberty to renew the prayer after framing of the charges. Annexure-4 would show that charge have already been framed. There is no chance of early conclusion of trial in near future due to Covid-19 effect.

Hence, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.82 of 2020, arising out of Sahpur P.S. Case No.108 of 2014, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners 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 petitioners. (c) The petitioners shall not leave the country without permission of the trial Court.

If the petitioners would not be able in furnishing sureties due to lock-down, they shall be provisionally released on their personal bond and the provisional bail shall be

Patna High Court CR. MISC. No.20089 of 2020(2) dt.20-07-2020 3/3 confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court. (Birendra Kumar, J) Mkr./- U T