Phul Kumar Rai @ Dukhu Rai @ Phul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60141 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- AMAUR District- Purnia ====================================================== PHUL KUMAR RAI @ DUKHU RAI @ PHUL KUMAR Son of Sokhin Rai @ Sokhi Lal Raye Resident of Village - Surjapur, P.S.- Amour, DistrictPurnea ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Amour P.S. Case No. 67 of 2019 registered for the offence punishable under Sections 316, 304(B),/34 of the Indian Penal Code.

Informant has alleged in his written complaint that his daughter was married to petitioner in the year 2012 and she was tortured by the petitioner and his family members due to non-fulfillment of demand of dowry. It is further alleged that on 25.05.2019 all the three accused including petitioner have killed his daughter and thereafter informed him on phone that his daughter is dead. His daughter was carrying pregnancy of seven

Patna High Court CR. MISC. No.60141 of 2019(3) dt.27-11-2019 2/3 months.

It has been submitted on behalf of petitioner that he has been implicated in this case on the basis of suspicion only. Postmortem was conducted on the dead body of deceased. Medical Officer has found no injury of any nature on the body and cause of death has been opined as acute hemorrhage in chest and neck. Petitioner has no criminal antecedent and is in custody since 27.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Amour P.S. Case No. 67 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.60141 of 2019(3) dt.27-11-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T