Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 24596 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- KARTAHA District- Vaishali ====================================================== 1.

SURAJ KUMAR S/o Mantu Ram Resident of Village- Kartaha, P.S.- Kartaha, District- Vaishali.

2.

Mantu Ram S/o Bhathu Ram Resident of Village- Kartaha, P.S.- Kartaha, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Rajesh Kumar, Advocate For the Opposite Party/s :

Mr Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Kartaha Police Station (for brevity, PS) Case No 90 of 2019 instituted for the offence punishable under Sections 304B, 201/34 of Indian Penal Code.

Patna High Court CR. MISC. No.24596 of 2020(2) dt.21-09-2020 2/3 The informant has alleged that his daughter has been done to death on account of demand for dowry. It is submitted by the petitioner's counsel that petitioners are Devar and father-in-law respectively. The husband of the victim is already in custody. One petition dated 07.11.2019 (Annexure 2) has been filed by the informant to the effect that his daughter was electrocuted and that the case has been lodged on misinformation. Petitioners are in custody since 07.06.2020.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioners, above named, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XV, Vaishali at Hajipur in Kartaha PS Case No 90 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.24596 of 2020(2) dt.21-09-2020 3/3 address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T