Patna High CourtCR. MISC./52667/2017bail granted

Chhotu Sao v. The State Of Bihar

2018-02-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52667 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -PHULWARI District- PATNA ======================================================

1. Chhotu Sao Son of Ganesh Sao, R/o Village- Khagaul under the Bridge Near Jagjivan Stadium, P.S.- Khagaul, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivek Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Phulwarisharif P.S. Case No. 126 of 2017 registered under Section 304-B, 120-B, and 201 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant is said to have been eliminated by her husband in association of his friend Chhotu Sao (petitioner) and uncle over dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the

Patna High Court Cr.Misc. No.52667 of 2017 (03) dt.02-02-2018 - 2 - aforesaid occurrence of demand of dowry or murder of the deceased. He happens to be poor tempo driver and he also does not happen to be family members of the husband of the deceased. There is no eye witness of the occurrence. The petitioner has been languishing in custody since 28.02.2017.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No.126 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T