Balwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67991 of 2018 Arising Out of PS. Case No.-1557 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Balwant Kumar Son of Jagarnath Prasad Resident of Mohalla-Badhiyabag (Takiya),Sasaram P.O. Takiya,P.S. Sasaram (Model),Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Advocate For the Opposite Party/s :

Mr.Sri Ganesh Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for petitioner, learned counsel for the informant as well as learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 105 of 2018, arising out of Sasaram (Model) P.S. Case No. 1557 of 2017 registered for the offences punishable under Sections 304 (B), 201, 120(B) of the Indian Penal Code.

Informant has alleged that petitioner along with his family members killed his daughter due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. There is general and omnibus allegation and there was no demand of dowry by the petitioner. It has been further submitted that during course of investigation,

Patna High Court Cr.Misc. No.67991 of 2018(4) dt.11-01-2019 2/2 it has come that the death was caused due to fall in the river. Chargesheet has been submitted against the petitioner. Petitioner is in custody since 25.10.2017.

Learned counsel for the informant has opposes the prayer for bail.

Considering the aforesaid fact 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 Additional Sessions Judge-III, Rohtas at Sasaram, in connection with Sessions Trial No. 105 of 2018, arising out of Sasaram (Model) P.S. Case No. 1557 of 2017, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/- U T