Dinesh Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22738 of 2020 Arising Out of PS. Case No.-29 Year-2019 Thana- MAIGRA District- Gaya ====================================================== 1.
DINESH BHUIYAN, Son of Pramod Bhuiyan 2.
Lalmuni Devi, Wife of Pramod Bhuiyan, Both are Resident of Village - Pachmah Tola - Lahed, P.S. - Maigra, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-10-2021 From perusal of record, it appears that Petitioner No. 2 Lalmuni Devi has already been allowed bail vide order dated 03.09.2020.
Heard the parties.
Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. Petitioner No. 1 seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Petitioner No. 1 Dinesh Bhuiyan is husband of the victim of dowry death. Petitioner No. 1 is in custody since 26.06.2019.
Submission is that false allegation is there after death
Patna High Court CR. MISC. No.22738 of 2020(7) dt.28-10-2021 2/3 and disposal of dead body of the wife of the petitioner no. 1. The report of the learned Trial Judge dated 25.08.2021 would reveal that the accused persons on bail are not appearing before the learned court below, hence, the trial has not been committed to the Court of Sessions after cognizance on 09.08.2021.
Considering the facts of this case, let the petitioner no. 1, above named, be released, after framing of the charges, on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Maigra Police Station Case No. 29 of 2019, subject to the following conditions:- (a) The petitioner no. 1 shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner no. 1. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The petitioner no. 1 shall not leave the country without permission of the learned trial court. The learned court below shall take all appropriate steps for early commitment of the case to the Court of Sessions
Patna High Court CR. MISC. No.22738 of 2020(7) dt.28-10-2021 3/3 and the Court of Sessions shall ensure framing of the charge at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order. (Birendra Kumar, J) Kundan/- U T