Maruti Nandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33036 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Maruti Nandan, S/o Late Bishundeo Sah, R/o Mungerigunj, Ward No.33 (Kachahari Road), Begusarai, P.S.- Begusarai, Begusarai Town, DistrictBegusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Sharma For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Begusarai Town P.S.Case No.116 of 2018 , registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code. Allegation against the petitioner who happens to be Bhasur is of dowry death.

Submission of the learned counsel for the petitioner is that after supervision, the case was found true under Sections 306/34 of the IPC and not under Section 304(B) of the IPC and no specific allegation has been attributed against the petitioner and moreover the petitioner is living separately and he has already executed a partition deed, kept at Annexure-2. Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.33036 of 2018 (3) dt.10-08-2018 2/2 informant. They have opposed the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Town P.S.Case No.116 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T