Sudhir Kumar Singh @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27096 of 2019 Arising Out of PS. Case No.-270 Year-2017 Thana- BIHTA District- Patna ====================================================== SUDHIR KUMAR SINGH @ SUDHIR KUMAR S/o Surya Kumar Singh R/o village- Korhar, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar Singh, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-04-2019 Heard learned counsel for the parties.
Earlier the bail of the petitioner was rejected vide order dated 04.09.2018 in Criminal Miscellaneous No. 26553 of 2018 with liberty to renew his prayer for bail after framing of charge. Petitioner seeks bail in a case registered for the offence punishable under Sections 498A and 304B of the Indian Penal Code.
Allegation against the petitioner is of killing the Neice of the Informant by poisoning for non fulfillment of demand of dowry along with FIR named accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as he is husband of the deceased. Marriage was solemnized in the year 2013 and from the said wedlock two children were born.
Patna High Court CR. MISC. No.27096 of 2019(2) dt.24-04-2019 2/3 Deceased committed suicide and all efforts were made to save her and she was rushed to Paras Hospital where she died during treatment. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. Petitioner has got no criminal antecedent and is in custody since 26.04.2017. Learned counsel for the petitioner further submits that petitioner was granted liberty to renew his prayer for bail after framing of charge and charges have been framed against the petitioner on 25.03.2019.
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 court below where the case is pending, in connection with Bihta P.S. Case No. 270 of 2017 corresponding to S. Tr. No. 76 of 2019, 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.27096 of 2019(2) dt.24-04-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U