Khakhan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50254 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Khakhan Sah, aged about 50 years, male, Son of Chalitar Sah Resident of Village - Mohanpur, P.S.- Mahua, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Mahua P.S. Case No. 135 of 2018 registered for the offence under Sections 304(B), 506/34 of the Indian Penal Code.

It is case of dowry death of informant's married daughter due to non-fulfillment of demand of dowry and petitioner is father-in-law of the deceased.

It was submitted by learned counsel for the petitioner that petitioner is father-in-law and has falsely been implicated in this case. There is general and omnibus allegation. It was further submitted that the ptitioner was living separately with the deceased and petitioner had no concern with the affairs of his son and deceased. It was also submitted that petitioner is suffering from many disease and he is in custody since

Patna High Court CR. MISC. No.50254 of 2019(4) dt.23-01-2020 2/2 11-06-2018.

Considering the aforesaid facts and circumstances as well as considering the fact that petitioner is father-in-law and he is in custody since long, let the above named petitioner 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 learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 135 of 2018 on the following conditions:

"(1) Petitioner shall cooperate 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 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."

(Prabhat Kumar Singh, J.) anay U T