Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53959 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Naveen Kumar Son Of Late Bhola Lal Resident Of Mohallah Udantpuri Gadhpur , P.S. Bihar ,DISTRICT Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 14.03.2023 in connection with Bihar P.S. Case No. 247 of 2023, G.R. No.1406 of 2023, F.I.R. dated 13.03.2023 for the offences punishable under Sections 304(B), 498(A)/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with his family members killed the daughter of the informant on the pretext of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that bare perusal of F.I.R. it appears that there is no specific allegation of

Patna High Court CR. MISC. No.53959 of 2023(3) dt.21-08-2023 2/3 any assault or overt-act is attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and petitioner is happens to be father-in-law of the deceased and the husband of the deceased namely, Rahul Kumar is in judicial custody since 14.03.2023. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 14.03.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Bihar P.S. Case No.247 of 2023, G.R. No.1406 of 2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.53959 of 2023(3) dt.21-08-2023 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T