Jitendra @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40534 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== JITENDRA @ JITENDRA SINGH Son of Sri Krishna Singh Resident of Village - Saidpur (Bhairopur), P.S. - Dariyapur, District - Saran at Chapra (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, this petitioner, who is husband of the deceased, along with other accused persons killed the daughter of informant by strangulation for non fulfillment of demand of dowry of Rs. two lakhs. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case at the instance of villagers. The informant is not an eye witness of the occurrence. It is further submitted that marriage was solemnized eight years ago and a seven years child has also

Patna High Court CR. MISC. No.40534 of 2021(2) dt.08-10-2021 2/3 born out from the wedlock and petitioner and his wife were happily enjoying their conjugal life. In fact the deceased committed suicide and the police after investigation submitted charge sheet u/s 306/34 of the IPC. Petitioner claims clean antecedent and is in custody since 17.03.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur PS case No. 181/2020 on 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move

Patna High Court CR. MISC. No.40534 of 2021(2) dt.08-10-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T