Pintu Bhura v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34447 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- GAURICHAK District- Patna ====================================================== Pintu Bhura S/O Shivaji Rai R/o village- Ushfa, P.S.- Gaurichak, DistrictPatna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2022 Let the defects, if any, be removed within four weeks of start of normal functioning of the physical court. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Gaurichak P.S. Case No. 98/2020 registered for the offences punishable under Sections 304 (B)/120 (B)/34 of the Indian Penal Code. The prosecution story in brief is that due to non fulfillment of demand of dowry, the daughter of the informant has murdered by her in-laws.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submitted that petitioner is the husband of the deceased. He further submitted

Patna High Court CR. MISC. No. 34447 of 2021(4) dt.15-02-2022 2/3 that in fact, deceased was in different temperamental lady, she has committed suicide. He further submits that it is clear from the post mortem report, that the daughter of the informant has committed suicide it appear from the post moertem report (annexure-2) of the petition. That the petitioner is in custody since 17.01.2021.

The learned Additional Public Prosecutor opposed the prayer of bail. He further fairly submits that no eye witness of the place of occurrence and during investigation nothing has come against the petitioner.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City in connection with Gaurichak P.S. Case No. 98 of 2020, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No. 34447 of 2021(4) dt.15-02-2022 3/3 bond shall be cancelled by the court below.

2. If the petitioner, tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) siddharthkr/- U T