Patna High CourtCR. MISC./52259/2017bail granted

Amit Singh v. The State Of Bihar

2017-12-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52259 of 2017 Arising Out of PS.Case No. -280 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Amit Singh Son of Late Shital Singh Resident of village- Hathigain, Police Station- Barhariya, District- Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh,APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2017 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 304(B)/201/34 of the Indian Penal Code.

The petitioner is husband of the victim-Anju Devi and there is allegation of commission of dowry death. The petitioner is in custody since 26.06.2016. This Court had earlier refused the prayer for regular bail to the petitioner on 13.02.2017 in Cr.Misc.No.51772 of 2016 with direction to the learned Trial Court to expedite the trial.

Certified copy of the last ordersheet of S.Tr.No. 242 of 2016 would reveal that the charges were framed on

Patna High Court Cr.Misc. No.52259 of 2017 (3) dt.06-12-2017 05.07.2017 and summons were issued to the witnesses but no prosecution witness has turned up till 14.11.2017 and the next date fixed is 04.12.2017.

Submission of the learned counsel for the petitioner is that the petitioner is ready to cooperate with the trial with any condition that in the event of failure to cooperate the trial, the court below would be competent to cancel the bail bond of the petitioner.

Considering the aforesaid facts, 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 learned Court below where the case is pending in connection with Barhariya Police Station Case No.280 of 2015, subject to the condition that the petitioner shall fully cooperate with the investigation and S.Tr.No. 242 of 2016 arising out of Barhariya Police Station Case No.280 of 2015, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T