Patna High CourtCR. MISC./5949/2015bail granted

Birendra Sao v. The State Of Bihar

2015-02-26Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5949 of 2015 Arising Out of PS.Case No. -360 Year- 2014 Thana -ALAMGANJ District- PATNA ====================================================== Birendra Sao S/O Late Ayodhya Sao Resident of Mohalla-Jai Hind Gali, P.S-Alamganj, Distt.-Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 26-02-2015 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)/34 of IPC. Allegation against the petitioner and others alleged to have demanded dowry and due to non-fulfilment of demand of dowry she has been killed by strangulation.

It is submitted that from perusal of the FIR itself the allegation of demand of dowry is against the husband of the deceased and it is also clear that the deceased was found hanging and the door was closed. At best it can be a case of suicide and there is no allegation of demand of dowry against the petitioner. The petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.5949 of 2015 (3) dt.26-02-2015 2/2 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 Additional Sessions Judge-IV, Patna City, Patna/court concerned in S. Trial No. 1093 of 2014 arising out of Alamganj P. S. Case No. 360 of 2014 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