Amit Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45412 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================

1. Amit Poddar son of Ashok Poddar, Resident of village- Bhagawanpur Chakshekho, P.S- Dalsinghsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 304 B/34 of the I.P.C Karishma Kumari, the daughter of the informant, was married to the petitioner fifteen months ago and due to non fulfillment of demand of dowry by way of vehicle she was being tortured, brutally assaulted and ultimately she was pushed on the railway track resulting she was crushed by the train. Submission is of false implication and that the brother of the deceased, namely, Saket Salvi lodged a case for the said occurrence and on his written statement Samastipur Rail Police

Patna High Court Cr.Misc. No.45412 of 2015 (3) dt.27-01-2016 2/2 registered U.D. Case No. 37 of 2014 dated 04.08.2014 and thereafter the informant filed this false case resulting the petitioner is suffering in custody since 15.04.2015, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. after going through Annexure-2 fairly submits that earlier on the written statement of brother of the deceased U.D. case was registered.

In the facts and circumstances as stated above, the petitioner is directed to be released 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 Additional District & Sessions Judge, 4th Samastipur in S.T. No. 349 of 2015 arising out of G.R.P. Samastipur P.S. Case No. 62 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T