Pintop Kumar @ Pintosh Kumar @Pintos Kumar @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40418 of 2023 Arising Out of PS. Case No.-76 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== PINTOP KUMAR @ PINTOSH KUMAR @PINTOS KUMAR @ PINTU KUMAR S/O BAUYELAL SAH @ BODHAN SAH R/O Village- Fataut, P.S- Khudabandpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard the parties.

The petitioner is in custody since 23.03.2022 in connection with Khodabandpur P.S. Case No. 76 of 2019 for the offence punishable under Sections 304 B, 34 of the I.P.C. lodged on 20.04.2019 by the informant Ram jee Sah.

The case as per the prosecution story, the informant gone to his daughter's home and found the son-in-law who was working in Haryana, Delhi.

Later return home only to know that the daughter is no more.

The allegation is of demand of Rs. 50,000/- and motercycle for which the present killing.

As per the learned counsel for the petitioner the girl

Patna High Court CR. MISC. No.40418 of 2023(2) dt.21-07-2023 2/3 died of hanging, the trial has commenced and has brought on record the deposition to show that the family members have not supported the prosecution story.

Learned APP Mr. Jitendra Kumar submits that he is the husband.

Taking into account the aforesaid facts as submitted by the learned counsel for the petitioner and the petitioner is in custody since 23.03.2022 (as stated in paragraph 1 of the bail application) as also that the similar placed co-accused has since been released on bail, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned court of the Addl. Sessions Judge- III, Begusarai in connection with S.T. No.- 333/2022 arising out of Khodabandpur P.S. Case No. 76 of 2019 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.40418 of 2023(2) dt.21-07-2023 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) jyoti/- U