Kannaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29152 of 2022 Arising Out of PS. Case No.-270 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== KANNAIYA KUMAR S/o Anil Ram R/o Village- Belthan, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of coming torture and caused death of the victim due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case only on the basis of suspicion. He

Patna High Court CR. MISC. No.29152 of 2022(2) dt.29-08-2022 2/3 further submits that in fact the petitioner is husband of the deceased and the petitioner has no concern at all in the present occurrence. He further submits that in fact the deceased has committed suicide herself and it has come during investigation that police has reached at the spot and seen the deceased hanging inside the room and the door and window of that room was closed inside and after broke open the door the police found that the deceased was hanging. He furuther submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 21.12.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bakhtiyarpur P.S. Case No. 270 of 2021, with the following conditions :-

(1) 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

Patna High Court CR. MISC. No.29152 of 2022(2) dt.29-08-2022 3/3 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 the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T