Birbal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23017 of 2017 Arising Out of PS.Case No. -156 Year- 2015 Thana -BAKHTIYARPUR District- PATNA ====================================================== Birbal Prasad, son of Late Chandeshwar Prasad, resident of VillageLaxmanpur, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bakhtiyarpur P.S.Case No. 156 of 2015 registered for the offences punishable under Sections 498A, 323, 341, 504/34, 304B of the Indian Penal Code and 3/4 of Dowry Prohibition Act. Petitioner is brother-in-law (Bhaisur) of the deceased and allegation against the accused persons, not the petitioner, is that they have administered poison to the deceased. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and nothing specific is attributed against him and he is in custody for nine months.

Heard learned APP also, who could not controvert the above submission.

Patna High Court Cr.Misc. No.23017 of 2017 (2) dt.15-05-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, in connection with Bakhtiyarpur P.S.Case No. 156 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U