Mithu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15708 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Mithu Das S/o Sita Ram Das, R/o Village- Salha Lada, P.S.- Singhia, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Singhia P.S.Case no.114 of 2017 , registered for offences punishable under Sections 304B and 34 of the Indian Penal Code. Allegation against the petitioner, who happens to be the brother-in-law (Dewar) of the deceased, is of causing death. The case is of dowry death.

Submission of the learned counsel for the petitioner is that he is Dewar and no specific allegation has been attributed against him rather there is general and omnibus allegation against all the accused persons including the husband who is in custody. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.15708 of 2018 (3) dt.08-05-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Rosera, District Samastipur in connection with Singhia P.S.Case no.114 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T