Patna High CourtCR. MISC./11610/2015bail granted

Jitendra Pathak v. The State Of Bihar

2015-04-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11610 of 2015 Arising Out of PS.Case No. -15 Year- 2005 Thana -KALER District- JEHANABAD ======================================================

1. Jitendra Pathak S/o Hirdayanand Pathak, resident of Village- Mainpura, P.S. Kaler, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Learned counsel for the petitioner is permitted to make necessary corrections in the prayer portion of the brief. Heard both sides.

The petitioner seeks bail in Kaler P.S. Case No. 15 of 2005, corresponding to Sessions Trial No. 11 of 2015, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code.

The informant made allegation that his daughter was married to Ramlakhan Pathak, son of Hridayanand Pathak, but Shashikali Kumari the daughter of the informant was killed by the husband and other in-laws. The petitioner is brother-in-law of the deceased.

Sri Krishna Pd. Singh, the learned counsel for the

Patna High Court Cr.Misc. No.11610 of 2015 (3) dt.06-04-2015 2/2 petitioner submits that although there is no specific allegation of assault, demand of dowry and torture against the petitioner, but the petitioner did not surrender after submission of the charge sheet and ultimately the petitioner was declared absconder in the year 2012. The petitioner was apprehended on 18.10.2014. Other accused persons have already been acquitted.

Considering the facts aforesaid and the fact that the petitioner is brother-in-law of the deceased and he is in jail for more than five and half months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jehanabad in connection with Kaler P.S. Case No. 15 of 2005, corresponding to Sessions Trial No. 11 of 2015. (Prabhat Kumar Jha, J.) KKSINHA/- U T