Patna High CourtCR. MISC./69246/2018bail granted

Sunil Kumar Srivastava v. The State Of Bihar

2018-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69246 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== Sunil Kumar Srivastava Son of late Dhruvdeo Prasad Resident of VillageMadhopur Tansariya, P.S.- Turkaulia, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ved Prakash Srivastva For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Mahila P.S. Case No. 40 of 2018 registered for the offence punishable under Sections 341, 323, 504, 506, & 498(A) of the Indian Penal Code arising out of G.R. No. 4748 of 2018.

Allegation against petitioner is of torturing the informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 06.08.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.69246 of 2018(3) dt.04-12-2018 2/2 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 Chief Judicial Magistrate, East Champaran, Motihari, in connection with Mahila P.S. Case No. 40 of 2018 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, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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