Patna High CourtCR. MISC./32649/2018bail granted

Chhabila Sah v. The State Of Bihar

2018-09-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32649 of 2018 Arising Out of PS.Case No. -296 Year- 2015 Thana -SUGAULI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Chhabila Sah, Son of Sri Bharat Sah, Resident of Village - Dharampur, P.S. - Sugauli, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The petitioner is husband of the victim of dowry death. Petitioner is in custody since 06.08.2017. By order dated 05.01.2018 passed in Cr. Misc. No. 57616 of 2017, prayer for bail to the petitioner was refused, in connection with Sugauli P.S. Case No. 296 of 2015, registered for offences, under Section 304B/34 of the Indian Penal Code. The prayer has been renewed on the ground that informant has been examined as prosecution witness no. 3 during course of trial arising out of the aforesaid police case bearing

Patna High Court Cr.Misc. No.32649 of 2018 (5) dt.19-09-2018 2/2 Sessions Trial No. 224 of 2018, wherein he has specifically admitted that the victim died of illness and there was never any demand of dowry or torture to the victim by her husband or other in-laws.

Considering the statement of the informant and fate of the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tr. No. 224 of 2018 arising out of Sugauli P.S. Case No. 296 of 2015, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T