Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83589 of 2019 Arising Out of PS. Case No.-744 Year-2019 Thana- DANAPUR District- Patna ====================================================== KUNDAN KUMAR S/o Dina Nath Prasad R/o Mohalla- Sultanpur, Near Ara Machine, New Colony, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections304(B), 120(B)/34 of the Indian Penal Code.

Informant in his written complaint has alleged that his sister was married to petitioner in May-2017 and from said wedlock a girl child was born. He received a telephonic call at 7:30 am that his sister has committed suicide by hanging. It has been further alleged that she was being tortured by the petitioner and his family members.

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 deceased has committed suicide for which petitioner is not maintainable. Petitioner has got no criminal antecedent and is in custody since 26.09.2019.

Patna High Court CR. MISC. No.83589 of 2019(2) dt.20-01-2020 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 Danapur P.S. Case No. 744 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