Upendra Sonar @ Upendra Swarnakar @ Upendra Prasad Swarnakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66386 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== UPENDRA SONAR @ UPENDRA SWARNAKAR @ UPENDRA PRASAD SWARNAKAR Son of Late Sahdeo Swarnakar Resident of VillageChakla,Police Station Banmankhi,Distt.-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh For the Opposite Party/s :
Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Banmankhi P.S. Case No. 137 of 2018 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.
Allegation against petitioner is of killing the daughter of the informant by setting her ablaze due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that petitioner is the father-in-law of the deceased Soni Kumari (daughter of the informant) and he is living separately from husband of the deceased and he has no concern with affairs in
Patna High Court Cr.Misc. No.66386 of 2018(2) dt.22-11-2018 2/2 between the deceased and her husband. There is no specific allegation against petitioner. Petitioner has no criminal antecedent and he is in custody since 05.06.2018. 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 A.C.J.M.1, Purnea, in connection with Banmankhi P.S. Case No. 137 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