Braj Kishore Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38416 of 2020 Arising Out of PS. Case No.-318 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Braj Kishore Jaiswal Son of Late Sitaram Jaiswal Resident of Mohalla - Ajayebganj (Near Middle School), P.O.- Bhagwan Bazar, P.S.- Bhagwan Bazar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Bishwambhar, Advocate For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. The petitioner is in custody since 21.07.2018. Learned counsel for the petitioner submits that charges were framed in January, 2019. However, no prosecution witness has turned up till date in the trial. Considering the facts aforesaid and undertaking of the petitioner that he would cooperate with the trial, hence, there is no need of further detention of the petitioner as under trial

Patna High Court CR. MISC. No.38416 of 2020(3) dt.08-03-2021 2/2 prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with T.R. No.741 of 2018, arising out of Bhagwanbazar P.S. Case No.318 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T