Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58459 of 2018 Arising Out of PS. Case No.-168 Year-2016 Thana- BEUR District- Patna ====================================================== Suraj Kumar S/o Late Kallu Rai, R/o Vill.- Nirpura, P.S.- Beur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Saurabh For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Beur P.S. Case No. 168 of 2016 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner is of torturing the daughter of the informant for non fulfillment of demand of dowry and during treatment she was alive for five day but thereafter she died.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that occurrence took place on 22.06.2016 and FIR was lodged on 27.06.2016 without any

Patna High Court Cr.Misc. No.58459 of 2018(4) dt.25-10-2018 2/2 explanation of such delay. Deceased was suffering from schizophrenia and earlier also she had attempted to commit suicide but her life was save and this time also she committed suicide but her life could not be saved. Petitioner has no criminal antecedent and he is in custody since 18.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-JudgeVIII, Patna, in connection with Beur P.S. Case No. 168 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T