Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81001 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- PANDARAK District- Patna ====================================================== SUDHIR KUMAR Son of Jogan Mahto @ Jogendra Mahto @ Joga Mahto Resident of Village - Manjhala (Majhla), Bigha, P.S.- Pandarak, DistrictPatna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Umesh Mahto, S/o Late Sitaram Mahto, R/o Village+P.O.-Dabhawan, P.S.- Bhadaur, Patna.

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

For the Petitioner/s :

Mr.Umesh Kumar Verma, Adv For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. Allegation is of demand of dowry and torture for the same before the death.

Learned counsel for the petitioner submits that the informant, who is father of the victim girl, had also participated in the cremation of the dead body which would be evident from the photograph attached with the supplementary affidavit. Thereafter, this Court noticed to the informant but in spite of

Patna High Court CR. MISC. No.81001 of 2019(7) dt.01-02-2021 2/3 service of notice, no one appears for the informant. Learned counsel for the petitioner further submits that petitioner is in custody since 30.11.2018. Investigation of the case is already complete. Petitioner is ready to cooperate with the trial and the case diary would reveal that many witnesses stated before the police that for some different reasons the victim might have committed suicide as dead body was found from a Well.

Considering the facts aforesaid as well as period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Pandarak Police Station Case No.124 of 2018 (G.R.No.2081/2018) with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.81001 of 2019(7) dt.01-02-2021 3/3 permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T