Shiv Bachan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78112 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Shiv Bachan Roy S/o Late Dularchand Roy, R/o Vill.- Rauza Pokhra, P.S.- Chapra Town, District- Saran at Chapra..

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr.Smt. Reena Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rail Chapra (Rail P.P. Chapra Kachahari) P.S. Case No. 197 registered for the offences punishable under Sections 498, 306/34 of the Indian Penal Code. Informant has alleged that petitioner and other family members killed her daughter due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is the father-in-law of the deceased. Petitioner is in custody since 22.09.2018. Similarly placed co-accused has been granted bail by co-

Patna High Court Cr.Misc. No.78112 of 2018(2) dt.09-01-2019 2/2 ordinate bench of this court passed in Cr. Misc. 78273 of 2018 vide order dated 07.01.2019.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Magistrate, Sonepur, District- Saran at Chapra, in connection with Rail Chapra (Rail P.P. Chapra Kachhari) P.S. Case No. 197 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T