Dheeraj Sah @ Dhiraj Sah @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76411 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== DHEERAJ SAH @ DHIRAJ SAH @ DHEERAJ KUMAR Son of Narendra Sah @ Nagendra Sah Resident of Village - Bhatauli, P.S.and P.O.- Navanagar, Distt - Buxer.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 306/2018 arising out of Navanagar P.S. Case No. 53 of 2018 registered for the offence punishable under Sections 326/304(B)/34 of the Indian Penal Code. Petitioner is husband of the deceased. It is alleged in the written complaint that daughter of informant was married with the petitioner on 16.12.2017. After marriage, she was tortured for demand of dowry by the petitioner and his other family member. It is further alleged that the informant got information that his daughter has been killed by her in laws

Patna High Court CR. MISC. No.76411 of 2019(4) dt.13-12-2019 2/3 including petitioner for non-fulfillment of demand of dowry by setting her ablaze.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Deceased committed suicide by setting herself ablaze and all efforts was made to save her. After investigation police has submitted charge sheet under Section 306 of I.P.C. and court below has took the cognizance of the offence U/s 306 of the I.P.C. against the petitioner. Petitioner has no criminal antecedent and he is in custody since 19.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Sessions Trial No. 306/2018 arising out of Navanagar P.S. Case No. 53 of 2018 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

Patna High Court CR. MISC. No.76411 of 2019(4) dt.13-12-2019 3/3 shall be properly represented 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