Mohan Rai @ Mohan Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72726 of 2018 Arising Out of PS. Case No.-497 Year-2015 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mohan Rai @ Mohan Kumar Rai, S/o Lalit Rai @ Amod Rai, R/o VillageDharamgachi, P.S.- Hajipur Sadar, District- Vaishali, Bihar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2018 The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 497 of 2015, registered for offences punishable under Sections 498A, 304(B), 201 and 120(B) of the Indian Penal Code.
Petitioner happens to be husband of the deceased and allegation against him is of commission of dowry death of the deceased.
Earlier the prayer for bail of the petitioner was dismissed vide order dated 14.02.2017 passed in Cr. Misc. No. 4678 of 2017 with direction to the trial court to conclude the trial within a period of nine months and liberty was given to the petitioner that if the trial is not concluded, he may renew his prayer for bail.
Patna High Court Cr.Misc. No.72726 of 2018(2) dt.20-12-2018 2/2 Submission of learned counsel for the petitioner that uuptil now four witnesses including the informant of this case has been examined and none of them have supported the case of the prosecution and further the concerned Trial Court is vacant no further progress has been made in trial. Further petitioner has been in judicial custody since 04.09.2016. 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 Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 497 of 2015, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunilkumar/- U T