Binod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83441 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- TARAIYA District- Saran ====================================================== BINOD RAM S/o Harendra Ram R/o village- Manjhopur, P.S.- Taraiya, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Informant in her written complaint has alleged that she was married to petitioner on 15.05.2007 in accordance with Hindu Customs and Rites and thereafter she was being tortured for non fulfillment of demand of dowry.

It has been submitted that the allegations are false and concocted and he never demanded any dowry or motorcycle from his in-laws. Petitioner has got no criminal antecedent and is in custody since 21.11.2019.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Patna High Court CR. MISC. No.83441 of 2019(2) dt.06-01-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Taraiya P.S. Case No. 238 of 2019, 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, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U