Ramdular Mehta @ Ramdular Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23984 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -PARASI District- JEHANABAD ======================================================
1. Ramdular Mehta @ Ramdular Mahto S/o Late Thakur Dayal Mahto @ Thakur Dayal Mehta R/o Village Dauka Bagha, P.S. Parasi, District Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-07-2015 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.
Petitioner is co-villager of the husband of the deceased and facing accusations punishable under Sections 302 and 120B of the Indian Penal Code vide Parasi P.S. Case No 03 of 2015. Within few years of marriage, the victim, being sister of the informant and handicapped person, was allegedly killed and thrown in the well. The dead body was recovered from the well. It is submitted that the petitioner has no concern with the family of the husband of the deceased. The informant has also alleged torture on account of non-fulfillment of dowry. Other coaccused of this case have since been released on anticipatory bail vide order dated 08.05.2015 (Annexure-2). The petitioner has no
Patna High Court Cr.Misc. No.23984 of 2015 (2) dt.10-07-2015 2/2 criminal antecedent.
Under the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Namita Singh, Judicial Magistrate, 1st Class, Jehanabad in Parasi P.S. Case No. 03 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U