Patna High CourtCR. MISC./33735/2019bail granted

Sujit Kumar @ Sujit Rai @ Gama Rai @ Gama v. The State Of Bihar

2019-07-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33735 of 2019 Arising Out of PS. Case No.-288 Year-2017 Thana- MANER District- Patna ====================================================== Sujit Kumar @ Sujit Rai @ Gama Rai @ Gama Son of Krishna Rai Resident of Village- Gandhara Sherpur, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.

The petitioner is in custody since 27.07.2017. The petitioner is husband of the victim of dowry death. In the past prayer for bail was refused on 03.04.2018 in Cr. Misc. No.10171 of 2018 with direction to the trial Judge to expedite the trial and conclude the same preferably within nine months.

The impugned order reveals that charges were framed on 13.04.2018. However, no prosecution witness has

Patna High Court CR. MISC. No.33735 of 2019(2) dt.31-07-2019 2/2 turned up in spite of bailable warrant of arrest and non-bailable warrant of arrest against the prosecution witnesses. Considering the period already undergone and chances of non-conclusion of trial in near future, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.212 of 2018, arising out of Maner P.S. Case No.288 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T