Gulabchand Thakur @ Gulabchand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30710 of 2020 Arising Out of PS. Case No.-76 Year-2014 Thana- MARAUNA District- Supaul ====================================================== Gulabchand Thakur @ Gulabchand Son of Late Uchit Lal Thakur Resident of Village-Rasuar, Kyota Patti, P.S.-Marauna, Distt.-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/201/120B/34 of the Indian Penal Code.

Petitioner is in custody since 17.08.2018.

In the past prayer for bail was refused on 22.04.2019 for the reason that petitioner is husband of the victim of dowry death occurred within five years of marriage for non-fulfillment of dowry demand.

Submission is that since the victim is traceless, the trial Court has framed charge under Section 366/34 of the Indian Penal Code only against the petitioner and others. The report of the trial Judge reveals that only one

Patna High Court CR. MISC. No.30710 of 2020(4) dt.24-02-2021 2/2 prosecution witness has been examined uptil now. Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.384 of 2018, arising out of Marauna P.S. Case No.76 of 2014, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T