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Patna High CourtCR. MISC./659/2019bail granted

Ajit Kumar @ Vishwajit Kumar v. The State Of Bihar

2019-03-07Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.659 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- KARAI PARSURAI District- Nalanda ====================================================== Ajit Kumar @ Vishwajit Kumar s/o Late Jawahar Singh Vill-Chhitrwa Bigha, P.S-Karay Parsurai,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Prasad Singh For the Opposite Party/s :

Mr.Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Karay Parsurai P.S. Case No. 58 of 2018 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the daughter of the Informant for non fulfillment of demand of dowry along with FIR named accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or

Patna High Court CR. MISC. No.659 of 2019(3) dt.07-03-2019 2/3 subjected her to cruelty. In the Post Mortem Report, Doctor has opined death due to Asphyxia as a result of hanging. Petitioner has got no criminal antecedent and is in custody since 29.06.2018.

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 court below where the case is pending, in connection with Karay Parsurai P.S. Case No. 58 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/her absence on two consecutive dates without sufficient reason, his/her 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.659 of 2019(3) dt.07-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U