Uma Thakur @ Gunda Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37918 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -DHANGAI District- BHOJPUR ======================================================

1. Uma Thakur @ Gunda Thakur, Son of Late Nathuni Thakur, Resident of Village- Dalippur, P.S.- Dhangai, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Deep Mala Kumar, D/o Chandrama Prasad Thakur, R/o Village Nayaka Tola, P.S - Jagdishpu, Dist - Bhojpur.

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 The petitioner seeks regular bail in connection with Dhangai P.S. Case No. 19 of 2017, registered for offences punishable under Sections 323, 341, 504, 354, 379/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Petitioner is husband and allegation is of demand of dowry and torture.

It appears from perusal of the record that earlier notice was issued to opposite party no. 2 and from service report, it appears that though opposite party no. 2 has received the notice but she has not appeared in this case.

Learned counsel for the petitioner has submitted that petitioner has been in judicial custody for last three months and earlier he was no provisional bail and has not misused the

Patna High Court Cr.Misc. No.37918 of 2017 (4) dt.10-11-2017 2/3 privilege of bail and is now ready to abide by any condition imposed on him for grant of bail.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Bhojpur, Ara, in connection with Dhangai P.S. Case No. 19 of 2017, subject to the 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 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 reasons, the prosecution is free to move for cancellation

Patna High Court Cr.Misc. No.37918 of 2017 (4) dt.10-11-2017 3/3 of his bail.

It is also made clear that petitioner shall cooperate in the maintenance case, if any, filed by the opposite party no. 2 otherwise, opposite party no. 2 shall be at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U