Nageshwar Prasad @ Nagesar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77748 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== Nageshwar Prasad @ Nagesar Prasad Son of Late Hulas Prasad Resident of Village- Imamganj, P.S.- Khiri More, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Khiri More P.S. Case No. 45 of 2018 (G.R. No. 1278 of 2018 arising out of Sessions Trial No. 543 of 2018) registered for the offence punishable under Sections 304 (B) and 34 of the Indian Penal Code. Informant who is the father of the deceased has alleged that petitioner along with other co-accused has 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 been falsely implicated in this case. He is father-in-law of the deceased and was living separately with the husband and wife (deceased). He has got no criminal antecedent and is in custody since 01.05.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77748 of 2018(2) dt.03-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Danapur, Patna in connection with Khiri More P.S. Case No. 45 of 2018 (G.R. No. 1278 of 2018 arising out of Sessions Trial No. 543 of 2018) with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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) ranjan/manojU T