Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70610 of 2018 Arising Out of PS. Case No.-70 Year-2016 Thana- PARSAUNI District- Sitamarhi ====================================================== Raj Kumar Sah, Son of Vinay Sah Resident of Village-Gisara Tole Mushahari,P.S. Parsauni,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Parsauni P.S. Case No.70/2016 registered for the offence punishable under Sections 341, 323, 494, 498A, 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Informant has alleged that due to non-fulfillment of demand of dowry, she is being subjected to cruelty and harassment by the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case on false and concocted ground. The allegation of demand of dowry and torture is false. Petitioner has no criminal antecedent and he is in custody since 05.09.2018.

Counsel for the informant has vehemently opposed

Patna High Court Cr.Misc. No.70610 of 2018(2) dt.10-12-2018 2/2 the prayer for bail of the petitioner.

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 Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No.70/2016, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T