This bench granted bail to the petitioner, father-in-law of the deceased, in a dowry death case under Section 304(B) IPC, directing him to cooperate in the trial and remain on physical attendance.
Petitioner released on bail with Rs. 10,000 bond and two sureties of similar amount, subject to conditions of attendance and antecedent verification.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16717 of 2022
Arising Out of PS. Case No.-168 Year-2021 Thana- DINARA District- Rohtas
======================================================
Kuber Rai Son Of Mahavir Rai R/O Village- Kori, P.S.- Dinara (bhanas), Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 26-09-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201, 120(B) of the Indian Penal Code.
Allegation is that the accused persons caused death of the daughter of the informant due to non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that in fact
Patna High Court CR. MISC. No.16717 of 2022(4) dt.26-09-2022 2/3
the petitioner is father-in-law of the deceased and the deceased died on 01.09.2021. He further submits that the alleged date of occurrence there was heated exchange of words between the deceased and her husband upon which the husband pressed her neck. He further submits that the petitioner has been implicated in the present case only on the ground that he is father-in-law of the deceased.. He further submits that during investigation no cogent material has come against the petitioner and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.12.2021.
Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dinara (Bhanas) P.S. Case No. 168 of 2021, with the following conditions :-
(1) 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
Patna High Court CR. MISC. No.16717 of 2022(4) dt.26-09-2022 3/3
on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
1 issue framed by the court
Whether the petitioner, arrested and in custody, be released on bail in a case involving Section 304(B) IPC Dowry death charge.
Kuber Rai
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
