Patna High CourtCR. MISC./84381/2023bail granted

Pappu Thakur v. The State Of Bihar

2024-01-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84381 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Pappu Thakur Son of Ram Pravesh Thakur R/o vill - Rajashan, P.S. - Bidupur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No.397 of 2022, lodged on 19.07.2022, under Sections 304B/201/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the petitioner, who is alleged to be the husband of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that it is true that FIR has been lodged under Sections 304B/201/34 of the Indian Penal Code but after investigation the charge sheet has been filed under Section 306/201 of the Indian Penal Code. Counsel further submits that cognizance has

Patna High Court CR. MISC. No.84381 of 2023(2) dt.10-01-2024 2/3 also been taken under Sections 306/201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 30.11.2022 having no criminal antecedent. Counsel further submits that the petitioner shall abide all the conditions imposed by this Court.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No.397 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

Patna High Court CR. MISC. No.84381 of 2023(2) dt.10-01-2024 3/3 bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T