Saroj Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43199 of 2018 Arising Out of PS.Case No. -108 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Saroj Sao Son of Ram Prasad Sao Resident of Village- Lohani, P.S. Aurangabad (M), District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Aurangabad Muffasil P.S. Case No. 108/2016 corresponding to Sessions Trial No. 360/2017/55/18, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. Informant is father of deceased, who in his written complaint has stated that his daughter was killed by the petitioner and his family member for non-fulfillment of demand of dowry of Rs. One lakh.

Petitioner who is husband of the deceased stated that she died of accidental fire and he is innocent. On earlier occasion, liberty was granted to petitioner that, if trial is not concluded

Patna High Court Cr.Misc. No.43199 of 2018 (2) dt.24-09-2018 2/3 within six months, he could renew his prayer for grant of regular bail. It has been submitted that there has been no improvement in the stage of trial and he is in custody since 28.09.2016. Petitioner has no criminal antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-I, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 108/2016 corresponding to Sessions Trial No. 360/2017/55/18, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.43199 of 2018 (2) dt.24-09-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T