Bindeshwari Prasad Singh @ Bindeshwari Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50548 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================
1. Bindeshwari Prasad Singh @ Bindeshwari Singh, Son of Lachhmi Narain Yadav, resident of Road No. 5, Saketpuri, Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sunil Kumar, son of Late Shivcharan Singh, resident of VillageGulmahiyabagh, P.S. Didarganj, District Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Verma For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.
The petitioner seeks regular bail in connection with Patrakar Nagar P.S.Case No.303 of 2017 registered for offences punishable under Sections 498A, 467, 304B, 201/34 of the Indian Penal Code. Petitioner is the father-in-law and allegation is of dowry death.
Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him rather the statement of the girl has been recorded and from her statement, it appears that it was an accidental. It has also been submitted that the petitioner is in custody for about five months. Heard learned A.P.P. also, who has opposed the prayer for bail stating that the conduct of the petitioner and other accused
Patna High Court Cr.Misc. No.50548 of 2017 (3) dt.13-11-2017 2/2 persons of taking the deceased to Danapur Hospital after Appolo Hospital shows that they have killed the deceased and they have clear hands in the murder of the deceased.
Having heard both sides and in view of the fact that he is father-in-law and there is no direct allegation against the petitioner, as such let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S.Case No.303 of 2017. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T