Devchandra Parnami @ Lalu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5230 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -KHAJAULI District- MADHUBANI ======================================================
1. Devchandra Parnami @ Lalu, Son of Tej Narayan Singh, resident of Village- Kanhauli, P.S.- Khajauli, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks bail in connection with Khajauli P.S. Case No. 211/2016, registered for the offences punishable under Sections 341, 323, 379, 498(A), 504, 506 and 34 of the Indian Penal Code and Section 3⁄4 D.P. Act.
The informant Vinita Devi was married to the petitioner on 12.03.2009 and after six months of marriage second marriage was performed and then after sometime a motorcycle and cash of Rs. 1,50,000/- were being demanded. Out of the wedlock there is a daughter aged about six years, but for not fulfilling the demand of dowry she was being tortured and assaulted. Panchayati was also done and in compromise Rs. 25,000/- was given to the petitioner
Patna High Court Cr.Misc. No.5230 of 2017 (3) dt.23-03-2017 2/3 by the father of the informant, but the petitioner and others further started assaulting her and tried to burn her by sprinkling kerosene oil. Then, she came to her Naihar and the petitioner has caused threat i.e. if any case will be lodged, all will be shot dead. Submission is of false implication and that the petitioner is suffering in custody since 26.12.2016. Petitioner is ready to keep the informant with due respect. The occurrence is said to be taken place on 25.02.2016, whereas the case has been filed on 17.11.2016 after gap of nine months and as such, the petitioner deserves sympathetic consideration.
Learned A.P.P. opposes the prayer for bail.
In the facts and circumstances stated above and considering the detention of the petitioner, now the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Madhubani in connection with Khajauli P.S. Case No. 211/2016, subject to the conditions that one of the bailors must be 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
Patna High Court Cr.Misc. No.5230 of 2017 (3) dt.23-03-2017 3/3 his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) Rakhi U T