Upendra Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56110 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- KATORIYA District- Banka ====================================================== Upendra Kumar Das Son of Nand Kishore Das Resident of Village- Hathgarh (Radhanagar), P.S.- Katoria, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Veena Kumari Daughter of Indradeo Das Resident of Village- Chagakhar, P.O. and P.S.- Fullidumar, District- Banka.

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Katoria P.S.Case No. 76 of 2021 for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

As per prosecution case, the marriage of the informant was solemnized with the petitioner in the year 2017 and out of the wedlock a female child was born. It is further

Patna High Court CR. MISC. No.56110 of 2021(2) dt.01-04-2022 2/3 alleged that after birth of girl child, the husband and all family members started making demand of dowry and she has been subjected to torture.

Learned counsel further submits that petitioner is husband of the informant and he is ready to keep the informant with full honour and dignity. Petitioner is in custody since 10.05.2021. Counsel for the petitioner lastly submits that it is informant who flew away with her baby in her parental house and when the petitioner went to his Sasural, she refused to come with him.

The learned A.P.P opposed the prayer for bail of the petitioner.

Having heard the rival contentions of the parties and taking into consideration the fact that, petitioner is ready to keep his wife with full honour and dignity and is in custody since10.05.2021, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/0- ( Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S.Case No. 76 of 2021, on the following conditions:- "(i) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.56110 of 2021(2) dt.01-04-2022 3/3 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.

(ii) 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"

(Harish Kumar, J) N.K/- U T