Nagendar Das @ Nagendar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2786 of 2021 Arising Out of PS. Case No.-1303 Year-2018 Thana- BIHTA District- Patna ====================================================== Nagendar Das @ Nagendar Ram S/o Lali Gulab Das Resident of Vill.- Banwaripur, P.S.- Bihta, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
09-03-2021 Heard learned counsel for the parties.
The petitioner seeks bail in Bihta P.S. Case No. 1303 of 2018, registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code.
As per the prosecution case, this petitioner alongwith other accused persons alleged to have committed the murder of daughter of the informant due to non-fulfillment of the demand of dowry.
It is submitted on behalf of petitioner that petitioner is father-in-law of deceased and he is living separately with the deceased and her husband. There is general and omnibus allegation and no specific allegation of overt act is against petitioner. It is further submitted that husband of the deceased is already in custody. Petitioner has got clean antecedent and he is in custody since 16.08.2019. Chargesheet has already been
Patna High Court CR. MISC. No.2786 of 2021(2) dt.09-03-2021 2/2 submitted.
Considering the fact that petitioner is father-in-law of deceased and there is general & omnibus allegation of demand of dowry as well as period of custody of petitioner, the bail application is allowed. Let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur, Patna in connection with Bihta P.S. Case No. 1303 of 2018, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(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."
(Prabhat Kumar Singh, J.) anay U T