Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47814 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -KOPA District- SARAN ======================================================

1. Sunil Kumar, Son of Janardhan Prasad, Resident of Village Bareja, Police Station Kopa, District Saran Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Anu Devi, wife of Sunil Kumar, Daughter of Anand Prasad, Resident of Village Bareja, Police Station Kopa, District Saran Chapra. at present residing at Village Dhenuki, Police Station Marhaurah, District Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Srivastva, Adv. For the Opposite Party/s : Mr. P.K.Chaurasia(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 04-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sunil Kumar, in connection with Kopa Police Station Case No. 75 of 2015, under Sections 323/498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. Perused the above application and materials on record.

Heard Mr. Vijay Kumar Srivastva, learned Counsel for the petitioner, and Mr. P.K. Chaurasia, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 15.7.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and other co-accused have been

Patna High Court Cr.Misc. No.47814 of 2015 (2) dt.04-11-2015 2/2 granted anticipatory bail by the learned court below itself, perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Kopa Police Station Case No. 75 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T