Rajendra Prasad @ Rajendra Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48489 of 2021 Arising Out of PS. Case No.-161 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAJENDRA PRASAD @ RAJENDRA RAUT Son of Late Ram Kishun Raut Resident of Village- Badi Pahari, P.S.- Laheri, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Laheri P.S. Case No. 161 of 2021 registered for the offences punishable under Sections 304(B), 34 of the IPC.

According to prosecution case, on account of dowry demand petitioner and co-accused used to torture the deceased and being fed up by this act, deceased committed suicide within seven years of her marriage.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence

Patna High Court CR. MISC. No.48489 of 2021(2) dt.17-12-2021 2/3 and he has falsely been implicated in the present case. Petitioner is father-in-law of the deceased. Learned counsel further submits that it appears from the FIR itself that there is general and omnibus allegation against all the accused persons including the petitioner. It is further submitted that husband of the deceased, namely, Nandan Kumar is in custody since 19.04.2021. Petitioner is in custody since 19.04.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Laheri P.S. Case No. 161 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.48489 of 2021(2) dt.17-12-2021 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T