Sikandar Raut @ Sekindra Raut v. The State Of Bihar

Patna High Court Cr.Misc. No.26635 of 2014 (5) dt.18-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26635 of 2014 Arising Out of PS.Case No. -103 Year- 2013 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sikandar Raut @ Sekindra Raut son of Sri Mahendra Raut resident of village - Jihuli, Police Station - Patahi, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Patahi P.S. Case No. 103 of 2013 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Allegedly, for non-fulfillment of demand of cash and ornaments the daughter of the informant was being tortured and ultimately she was done to death by the petitioner and other inlaws. Submission is that no offence under Section 304B of the Indian Penal Code is made out, there is no specific allegation against the petitioner and he is suffering in custody since 6.1.2014

Patna High Court Cr.Misc. No.26635 of 2014 (5) dt.18-02-2015 only due to reason that he is the husband. Further it has been submitted that in this case chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence and there is no chance of early conclusion of the trial to which the learned APP opposes.

Considering the period of detention and the fact that chargesheet has already been submitted against the petitioner, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Patahi P.S. Case No. 103 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T