Santosh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38833 of 2018 Arising Out of PS. Case No.-295 Year-2017 Thana- BIKRAM District- Patna ====================================================== Santosh Saw son of Butan Saw, resident of Village- Beni Bigha, P.S. Bikram, District- Patna.

... ... Petitioner/s

Versus

1.The State of Bihar .

2.Ganeshi Sao s/o Late Tapeshwar Sao, r/o Village Sorampur, P.s. Dulhin Bazar, District Patna.

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Bikram P.S. Case No. 295 of 2017 registered for the offence punishable under Sections 304(B), 201, 120B/34 of the Indian Penal Code. Informant who is father of the victim has alleged that he married his daughter to the petitioner in the year 2016, and thereafter she was being subjected to torture for non fulfillment of demand of dowry and on 18.10.2017 he came to know that his daughter was killed.

It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case due to village politics. The petitioner was in Delhi to earn his livelihood when this incident happened. It has been further

Patna High Court Cr.Misc. No.38833 of 2018(6) dt.29-10-2018 2/2 submitted that the parties have arrived at the compromise. Petitioner has got no criminal antecedent and is in custody since 24.04.2018.

Informant was issued notice and has appeared. Learned counsel for the Informant submits that he has no objection if bail is granted to petitioner.

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/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Danapur, in connection with Bikram P.S. Case No. 295 of 2017, 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 represented on each and every date fixed by the court.

(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/- U