Biru Kumar @ Ranbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66358 of 2018 Arising Out of PS. Case No.-161 Year-2017 Thana- MAHILA P.S. District- Nalanda ====================================================== Biru Kumar @ Ranbir Son of Shyam Narayan Paswan Resident of MohallaKarbigahiya, Paswan Tola, Police Station- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Mahila P.S. Case No. 161 of 2017 registered for the offence punishable under Sections 498A, 323, 341, 313, 406, 504/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of torturing the daughter of Informant for non fulfillment of demand of dowry and administering poison to her.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is delay of 2 years in lodging the FIR. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. Petitioner has got no criminal antecedent and is in

Patna High Court Cr.Misc. No.66358 of 2018(2) dt.20-11-2018 2/2 custody since 17.08.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Biharsharif, Nalanda, in connection with Mahila P.S. Case No. 161 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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.

(S. Kumar, J) ranjan/- U