Dharmendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38265 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ====================================================== Dharmendra Bind son of Munni Bind @ Munni Jamadar, resident of Village- Ismailpur, P.S. Daniyawan, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.02.2018 in connection with Nagarnausa P.S. Case No. 110 of 2017 for offences punishable under Sections 302/201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her daughter Laxminiya Devi (deceased) was married to the petitioner nine years back and after some time the petitioner started demanding one lac as dowry and for which there was various rounds of negotiations. Ultimately the petitioner killed her daughter along with his family members and father-in-law Muni

Patna High Court Cr.Misc. No.38265 of 2018 (2) dt.06-07-2018 2/3 Bind.

It has been submitted by the learned counsel for the petitioner that he is innocent just because he is the husband, he has been made accused in the present case. It is submitted that the petitioner was out of village for his work and the deceased herself committed suicide after taking poison. He submits that the informant later has given an affidavit that nor the petitioner neither father-in-law Muni Bind were responsible for her daughter's death. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Hilsa (Nalanda) in connection with Nagarnausa P.S. Case No. 110 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the

Patna High Court Cr.Misc. No.38265 of 2018 (2) dt.06-07-2018 3/3 petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T