Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22346 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================

1. Sushil Kumar, Son of Devdutt Singh, Resident of Village- Ulidih, Shiv Mandir Mango, Jamshedpur, Police Station- Ulidih, District- East Singhbhum (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-06-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Sushil Kumar, in connection with Agamkuan Police Station Case No. 189 of 2015, under Sections 498A/323/504/302/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Perused the above application and materials on record. Heard Mr. Anuj Kumar, learned Counsel for the petitioner, and Mr. Shailendra Kumar Singh, 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 03.05.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further

Patna High Court Cr.Misc. No.22346 of 2016 (2) dt.29-06-2016 2/2 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 above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, in connection with Agamkuan Police Station Case No. 189 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.

Mkr./- (I.A. Ansari, ACJ.) U