Kedar Kumar @ Kedar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36485 of 2017 Arising Out of PS.Case No. -309 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Kedar Kumar @ Kedar Prasad, son of Satya Narayan Bhagat.
2. Sarita Devi, W/o Kedar Kumar @ Kedar Prasad Both resident of Village Bara Pakar Dulma, P.S. Madhuban, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Rathore, Mr. Alok Anand, Advocates For the Opposite Party/s : Mr. Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.
The petitioners are apprehending their arrest in connection with Madhuban P.S. Case No. 309 of 2016 registered for offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
Petitioner is the brother-in-law (Bhaisur) of the daughter of the informant. The case is of dowry death. Submission of the learned counsel for the petitioner is that nothing specific has been attributed against this petitioner and the allegations levelled are general and omnibus in nature. Heard learned A.P.P. also. He could not controvert the above fact.
Patna High Court Cr.Misc. No.36485 of 2017 (2) dt.10-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Motihari, East Champaran in connection with Madhuban P.S. Case No. 309 of 2016 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) Manish/- U T