Patna High CourtCR. MISC./33070/2016bail granted

Anik Sah v. The State Of Bihar

2016-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33070 of 2016 Arising Out of PS.Case No. -354 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Anik Sah S/o late Bijo Sah, Resident of Village- Karu Mandal Tola, (Rahimpur), P.S. Khagaria (Mufassil), District Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Subhas Singh, Advocate For the State : Mr. Sanjay Kumar Tiwary, APP For the Informant : Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 201/34 of the I.P.C. and Sections 3⁄4 of the Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner have committed murder of the daughter of the informant due to non-fulfilment of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.6.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the

Patna High Court Cr.Misc. No.33070 of 2016 (4) dt.20-10-2016 father-in-law of the deceased, aged 93 years. The alleged occurrence is said to have taken place after eight years of the marriage. There is no specific allegation against the petitioner nor there is any eye witness to the alleged occurrence. On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. case No.354 of 2016.

The court below is directed to take necessary steps to expedite the trial. The petitioner shall co-operate during the trial. If the court finds that the petitioner is not co-operating during the trial, the court below will be at liberty to cancel the bail of the petitioner.

(Sudhir Singh, J) Narendra/- U T