Raj Kumar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63969 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- DHANARUA District- Patna ====================================================== RAJ KUMAR BIND S/o Late Ashok Bind R/o Village- Pakoda, P.S.- Kadirganj, Distt- Patna. Presently residing at Village- Dumra, P.S.- Dhanarua, Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 25.07.2022 in connection with Dhanarua P.S. Case No. 288 of 2022, F.I.R. dated 05.06.2022 registered for the offence punishable under Sections 498(A),304(B),34 of IPC but the police, after investigation, submitted chargesheet against the petitioner under Sections 498(A),304(B) of IPC. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.63969 of 2022(3) dt.19-06-2023 2/3 that the petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis that the petitioner is husband of the deceased. Further submits that it has come during investigation that the deceased has committed suicide herself which was supported by the postmortem report of the deceased and the police, after investigation, submitted chargesheet against the petitioner on 01.09.2022 and the petitioner is in custody since 25.07.2022.

Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let 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 C.J.M., Patna in connection with Dhanarua P.S. Case No. 288 of 2022,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.63969 of 2022(3) dt.19-06-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T