Patna High CourtCR. MISC./63425/2017bail granted

Sk. Saiyad v. The State Of Bihar

2018-03-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63425 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================

1. Sk. Saiyad son of Sk. Khalil @ Sk. Kalil, resident of VillageRaghunathpur, P.S. Amdabad, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2018 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 302, 120(B)/34 of the Indian Penal Code.

The petitioner is husband of the victim of dowry death. The death was caused beyond seven years of marriage. Hence, presumption of dowry death is not there against the petitioner.

Allegation is that the victim was assaulted and throttled to death, whereas the Doctor has found a case of hanging.

Petitioner is in custody since 22.10.2016 and the trial is still pending.

Patna High Court Cr.Misc. No.63425 of 2017 (4) dt.13-03-2018 Learned counsel for the informant opposed the prayer for bail.

Considering the nature of material and the period already undergone by the petitioner, 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 S.T.No.293 of 2017 arising out of Amdabad Police Station Case No.137 of 2016, 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.

(Birendra Kumar, J) Nitesh/- U T