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Patna High CourtCR. MISC./17102/2017bail granted

Prabhat Kumar v. The State Of Bihar

2017-04-11Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17102 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Prabhat Kumar S/o- Suraj Prasad Chaudhary, Resident of Mohalla- Sakri Gali Tripolia, P.S.- Alamganj, P.O.- Gulzarbagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 This is an application for regular bail in connection with Kadamkuan P.S. Case No. 73 of 2017 registered for the offences punishable under Sections 306 of the Indian Penal Code. Allegation against the petitioner that he abated the deceased to commit suicide.

It has been submitted on behalf of the petitioner that petitioner has nothing to do with the alleged offence. As a matter of fact there was love affair between the petitioner and deceased for which, the deceased's father used to scold her and was not willing to marry her with the petitioner and due to which the deceased committed suicide. It has further been submitted that even the witnesses from the side of informant has stated that there was love affair between the deceased and petitioner. This fact has

Patna High Court Cr.Misc. No.17102 of 2017 (2) dt.11-04-2017 2/3 been stated on oath at para 10 and 11 of this petition. Petitioner has been in custody since 17.02.2017.

Heard learned APP also.

Having heard both sides and considering the facts and circumstances of the case and also the statement of petitioner, which he has given on oath in para 10-11, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Patna, in connection with Kadamkuan P.S.Case No. 73 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.17102 of 2017 (2) dt.11-04-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T