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Patna High CourtCR. MISC./35774/2022bail granted

Jitendra Singh v. The State Of Bihar

2022-09-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35774 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Jitendra Singh Son Of Lakhan Singh, R/O Village- Dal Karma, P.S.- Barun, District- Aurangabad (bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barun P.S. Case No. 155 of 2022 lodged under Sections 302 and 201/34 of the Indian Penal Code.

As per the allegation in the F.I.R., the death of the informant's daughter has been caused due to demand of dowry in the form of Bullet motorcycle and golden chain of two bhar. A general and omnibus allegation to kill his daughter by strangulating her neck is against 11 known accused persons and 10-12 unknown accused persons.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35774 of 2022(2) dt.19-09-2022 2/3 petitioner is the father-in-law. On the query of the Court that where is the husband, learned senior counsel specifically submits that the husband of the deceased is in custody. It has also been alleged that the only son of the deceased was initially with the petitioner's side but subsequently and presently he is residing with the informant (statement made in paragraph-14 of the bail petition). Learned counsel for the petitioner further submits that petitioner is in custody since 21.04.2022, charge has already been framed and petitioner has clean antecedent. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 155 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.35774 of 2022(2) dt.19-09-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U