Sarvodaya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41033 of 2024 Arising Out of PS. Case No.-554 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Sarvodaya Kumar Son of Ramesh Singh Resident of village- Harpur Osti, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Mahua P.S. Case No. 554 of 2020 instituted for the offence u/s 304(B), 201 of Indian Penal Code.

Earlier the application for regular bail of the petitioner was rejected by order dated 20.07.2023 passed in Cr. Misc. No. 15014 of 2023 with an observation to learned trial court to expedite the trial and conclude the same as early as possible.

Patna High Court CR. MISC. No.41033 of 2024(4) dt.02-08-2024 2/3 It is a case of dowry death due to non fulfillment of dowry demand. Petitioner is husband of the deceased.

From perusal of the trial court report (kept at flag A), it appears that no any prosecution witness has been examined yet and it may take 4-5 months to conclude the trial.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 554 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II, Vaishali, Hajipur, subject to the following

Patna High Court CR. MISC. No.41033 of 2024(4) dt.02-08-2024 3/3 conditions:-

1. Petitioner shall co-operate in the trial ans shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

3. If the petitioner repeat the offences of similar nature, as alleged in the present case, the prosecution will be at liberty to move for cancellation of bail.

(Sunil Kumar Panwar, J) Nirajkrs/- U T