Sahdeo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79589 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- BAUSI District- Purnia ====================================================== Sahdeo Sharma Son of Late Ram Prasad Sharma Resident of Village - Bakariya, P.S.- Baisi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Baisi P.S. Case No. 142 of 2018 registered for the offence punishable under Sections 302, 201 and 120 (B) of the Indian Penal Code.

Informant is the brother of the deceased who has alleged in his written complaint that due to non-fulfillment of demand of dowry his sister was being tortured and ultimately put to death.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is father-in-law of the deceased and was living separately and not related with said crime. It has further been submitted that police has submitted final form against him showing him innocent. However, the learned court below while taking cognizance

Patna High Court Cr.Misc. No.79589 of 2018(3) dt.11-02-2019 2/2 differed with the report of I.O. Petitioner has got no criminal antecedent and is in custody since 08.06.2018. 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 Sessions Judge, Purnea, in connection with Baisi P.S. Case No. 142 of 2018, 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) sudha/manojU T