Subodh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54557 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54557 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -PALIGANJ District- PATNA ====================================================== Subodh Kumar Son of Sri Kripal Sao, resident of Village- Sikaria, P.S. Paliganj, District- Patna.

... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Paliganj P.S. Case No. 135 of 2016 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Sangita Devi the daughter of the informant was married to Pramod Sao in the year 2010 and thereafter, she was being tortured for non-fulfillment of demand of dowry by way of Rs. 50,000/- to purchase vehicle and the informant paid Rs.50,000/- but in spite of that she was being tortured and in the meantime the husband and other in-laws killed her.

Submission is of false implication and that the petitioner is the Dewar of the deceased having no concern with the deceased and her husband, he is living separately since long, there is no specific allegation against him, he is in custody since 21.08.2016,

Patna High Court Cr.Misc. No.54557 of 2016 (2) dt.23-12-2016 chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP submits that against the petitioner also there is general allegation.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur (Patna) in connection with Paliganj P.S. Case No. 135 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T