Shambhu Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40357 of 2017 Arising Out of PS.Case No. -163 Year- 2015 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================
1. Shambhu Sada, Son of Vishuni Sada, Resident of Village- Bhajwatpur, Tola- Baraipura, P.S.- Sarairajan, Distt.- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.
The petitioner is apprehending his arrest in connection with Sarairanjan P.S. 163 of 2015 registered for offences punishable under Sections 304B/34 of the Indian Penal Code. The informant has alleged that his daughter was murdered by her brother-in-law (petitioner) due to non-fulfillment of demand of dowry. It has been submitted that the husband of the deceased is already in custody since 27.01.2017 There is general and omnibus allegation against the petitioner. Learned Additional Public Prosecutor opposes the prayer of bail.
On perusal of F.I.R. it appears that the petitioner is
Patna High Court Cr.Misc. No.40357 of 2017 (4) dt.01-09-2017 2/2 brother -in-law of the deceased. Accordingly, prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Sarairanjan P.S.Case No. 163 of 2015 to the satisfaction of learned Additional Chief Judicial MagistrateVI, Samastipur, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.
with other conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the Court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.
(Sanjay Priya, J) Sudha/- U T