Shankar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64933 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- ISHIPUR District- Bhagalpur ====================================================== Shankar Goswami Son Of Late Chandar Goswami R/O Village and P.S.- Ishipur Barahat, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304(B), 120(B)/34 of Indian Penal Code. The accusation is of killing the sister of the informant for non-fulfillment of dowry demand. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that the petitioner is father-in-law of the deceased and he is living separately from the family members of the deceased, he has no concern at all with the family affairs of the deceased and it has come during investigation that the deceased has committed suicide herself and husband of the deceased is already in

Patna High Court CR. MISC. No.64933 of 2022(2) dt.14-03-2023 2/3 custody and the police, after investigation, submitted chargesheet against the petitioner under Section 306/34 of IPC on 14.07.2022 and the petitioner is in custody since 29.05.2022. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts, 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 court below where the case is pending in connection with Ishipur Barahat P.S. Case No. 16 of 2022 corresponding to G.R. No.917 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 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

Patna High Court CR. MISC. No.64933 of 2022(2) dt.14-03-2023 3/3 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