Patna High CourtCR. MISC./40063/2014bail granted

Gobari Mahto v. The State Of Bihar

2015-02-09Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40063 of 2014 Arising Out of PS.Case No. -126 Year- 2013 Thana -DUMARIYA GHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gobari Mahto Son of Late Ramdhari Mahto, resident of Village - Pakari Dumariya, P.S. - Dumariya Ghat, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar, Adv. For the Opposite Party/s : Mr. M.Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-02-2015 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 Section 304B/34 of IPC. Allegation is that due to non-fulfilment of demand of dowry, the deceased was caused to death by strangulation. It is submitted that the petitioner is the father-in-law of the deceased and he was living separately from the deceased. He is an old man suffering from ailments and he has been in custody since 31.10.2013 having no criminal antecedent. After investigation charge-sheet has been submitted and there is no chance of tampering with the evidence.

Considering the facts and circumstances, the above

Patna High Court Cr.Misc. No.40063 of 2014 (3) dt.09-02-2015 2/2 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, East Champaran, Motihari/court concerned in Dumariya Ghat P. S. Case No. 126 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