Patna High CourtCR. MISC./28290/2014bail granted

Ashok Thakur v. The State Of Bihar

2015-03-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28290 of 2014 Arising Out of PS.Case No. -245 Year- 2011 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Ashok Thakur Son of Shatrudehan Thakur resident of village + Police Station- Muinapur, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kailash Nath Diwakar For the Opposite Party : Mr. Parmanand Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2015 The petitioner being husband of the victim has renewed his prayer for bail in a case registered for the offences punishable under Sections 304B/34 of the I.P.C. The accusation is killing the niece of the informant after one year of marriage for non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioner that bona fide of the petitioner gets reflected from the fact that informant himself admitted that he got the information about the incident from the petitioner's side and the petitioner took the victim first to Minapur PHC and then to S.K.M.C.H for treatment.

The petitioner is languishing in custody since 07.12.2011.

The report of learned 5th Additional Sessions

Patna High Court Cr.Misc. No.28290 of 2014 (3) dt.11-03-2015 2/2 Judge, Muzaffarpur dated 20.02.2015 reflects that in spite of issuance of non-bailable warrants no witness has been produced which reflects the casual manner in which the prosecuting agency are behaving.

Considering the period under custody and the report of the learned Trial Court which reflects that there is no likelihood of trial being concluded in near future, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 488 of 2012, arising out of Meenapur P.S. Case No. 245 of 2011.

Learned Trial Court will be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T