Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26111 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Pappu Kumar Son of Deep Narayan Das Resident of Ward No.39, Brahman Tola, Bishanpur, P.S.- Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. The victim committed suicide which is evident from the post mortem report. There is allegation of demand of dowry and torture for the same against all the family members including the petitioner. Other family members have been exonerated by the police after investigation of the case. Though there is allegation that after panchaity Rs.50,000/- was paid thrice in the

Patna High Court CR. MISC. No.26111 of 2020(4) dt.05-01-2021 2/3 year 2017 and 2018. However, no such witness has appeared before the police to say that they were members of the settlement team.

Learned counsel for the informant opposed the prayer for bail and submits that the responsibility of the petitioner is greater than other co-accused. Moreover, the payment of Rs.50,000/- thrice was made through account transfer in the bank account of the victim.

Considering the fact that there is no sufficient material for the purpose of consideration of prayer for bail as under trial prisoner as well as considering the fact that the petitioner is in custody since 24.02.2020 and there is no material to substantiate that he is going to tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Begusarai Town P.S. Case No.143 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to

Patna High Court CR. MISC. No.26111 of 2020(4) dt.05-01-2021 3/3 cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T