Nawal Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7409 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Nawal Sahni Son of Late Moti sahni Resident of Village - Bhagwatpur, P.S.- Paroo, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-06-2021 . In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in Paroo PS Case No. 153 of 2020 registered under Sections 304(B) and 201/34 of the IPC . The informant has alleged that his daughter has been done to death at her in-law's place for non fulfilment of certain demand for dowry.
It is submitted By learned Counsel for the petitioner that for earning his livelihood the petitioner was actually residing in Punjab. He was not even at the location where the alleged occurrence has taken place. Being conscious of the petitioner's absence informant has not named him as an accused in the FIR. It is also not alleged that other than three named accused persons, any unnamed or unknown has participated in the crime. The petitioner, father in
Patna High Court CR. MISC. No.7409 of 2021(2) dt.29-06-2021 2/2 law was arrested when he had gone to home upon hearing the unfortunate incident and thereafter based only on his confessional statement he has been named in this case and is in custody since 12.7.2020. Petitioner has no criminal antecedent. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM III West Muzaffarpur in Paroo PS Case No. 153 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T