Babloo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14404 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Babloo Prasad, Son of Vinay Kishore Prasad Village- Naugarh, P.S.- Hilsa, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rudal Prasad For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Hilsa P.S. Case No. 33 of 2015 registered for the offence punishable under Sections 304 (B) of the Indian Penal Code. Rinku Devi, the daughter of the informant was married to the petitioner in the year 2009 and allegedly due to non-fulfillment of demand of motorcycle, the petitioner and other co-accused started torturing her and ultimately she was administered celphos tablet forcibly by the petitioner and during treatment she died.

Submission is of false implication and that the petitioner was having cordial relation with his wife but out of the wedlock there was no issue resulting the wife of the petitioner was

Patna High Court Cr.Misc. No.14404 of 2016 (3) dt.16-05-2016 2/2 under depression and she committed suicide by consuming poison herself. During investigation, this fact has come in the statement of the witnesses vide para 30, 31, 39, 40, 41 and 42 of the case diary and the petitioner is suffering in custody since 25.02.2015. The learned APP submits that the petitioner is the husband.

In the facts In the facts and circumstances stated above, considering the detention of the petitioner, further there is no chance of tampering with the prosecution evidence and, as such, 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 Additional District Judge-I, Hilsa, Nalanda in connection with Session Trial No. 329 of 2015 arising out of Hilsa P.S. Case No. 33 of 2015, 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) Mishra/- U T