Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78856 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- ADAPUR District- East Champaran ====================================================== Deepak Sah S/o Late Rajendra Sah, aged about 28 years, Resident of VillageBakhari, P.S. - Adapur, District - East Champarn ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantanu Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Adapur (East Champaran) P.S. Case No. 66 of 2018 (S.T. No.638/2018) registered for the offence punishable under Sections 304 B/34 of the Indian Penal Code.

Informant has alleged that his niece Mini Devi was married with the petitioner three years ago. After donga, petitioner and his family members always tortured his niece. They also used to assault her for non-fulfillment of demand of dowry. On 31.03.2018, he came to know that the petitioner and his family members committed murder of his niece by pressing her neck.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has

Patna High Court Cr.Misc. No.78856 of 2018(3) dt.04-02-2019 2/3 further been submitted on behalf of the petitioner that the victim girl has committed suicide and he has nothing to do with her death. Petitioner has no criminal antecedent and he is in custody since 02.04.2018.

Learned counsel for the informant has vehemently opposed the prayer for bail of the 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 Sessions Judge-XIII, East Champaran at Motihari in connection with Adapur P.S. Case No. 66 of 2018 (S.T. No.638/2018), 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,

Patna High Court Cr.Misc. No.78856 of 2018(3) dt.04-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T