Suryadeo Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40074 of 2014 Arising Out of PS.Case No. -72 Year- 2013 Thana -DEO District- AURANGABAD ====================================================== Suryadeo Bhuiyan, son of Sri Bideo Bhuiyan, resident of Village - Bahuaara, P.S. - Deo, District - Aurangabad (Bihar) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Adv. For the Opposite Party/s : Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 201/34 of IPC. Allegation against the accused including the petitioner is to have demanded dowry and due to non-fulfilment of demand of dowry the deceased has been killed and her dead body has been disposed of to screen the evidence.

It is submitted that the petitioner is the husband of the deceased and he had good relationship with the deceased and out of their wedlock two children were born. There is no specific allegation against the petitioner. After investigation, charge-sheet has already been submitted and there is no chance of tampering

Patna High Court Cr.Misc. No.40074 of 2014 (3) dt.10-02-2015 2/2 with the evidence. The petitioner has been in custody since 15.1.2014. There is delay in lodging the FIR. The petitioner has no criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/court concerned in Deo P. S. Case No. 72 of 2013 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T