Jibachh Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7924 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -GARHPURA District- BEGUSARAI ====================================================== Jibachh Malakar, S/o Ram Sevak Malakar , Resident of Village- Garhpura, P.S. - Garhpura, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Dular Sah, Advocate For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 498A, 304B/34 of the Indian Penal Code.

The allegation is that due to non-fulfillment of demand of dowry, the deceased was killed by the petitioner and others. It is submitted that the petitioner is the husband of the deceased. He was leading conjugal life happily with the deceased and has got three children out of that wedlock, but the deceased had tendency of committing suicide. The deceased was found hanging herself in a room which was closed from inside. After investigation, charge sheet has already been submitted for the

Patna High Court Cr.Misc. No.7924 of 2015 (2) dt.10-04-2015 2/2 offence punishable under Sections 498A and 306 of the Indian Penal Code. There is no chance of tempering with the evidence. He is in custody since 8.09.2014 having no criminal antecedent. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Prakash, Judicial Magistrate-1st Class, Begusarai in Garhpura P.S. Case No.72/2014 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T