Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68721 of 2023 Arising Out of PS. Case No.-132 Year-2020 Thana- SURYAPURA District- Rohtas ====================================================== Krishna Kumar S/O Sardar Baitha R/O Village- Kalyani, P.S- Suryapura, Distt.- Rohtas.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuber Pathak, Adv.
For the Opposite Party/s :
Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Suryapura P.S. Case No. 132 of 2020, lodged under Sections 304B/34 of the I.P.C. read with Section 3⁄4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 28.11.2022 passed in Cr. Misc. No. 47787 of 2022 in which direction was made to the trial court to expedite the trial as early as possible, preferably within 9 months and liberty was granted to move for bail, thereafter.
4. Upon filing of the bail application, report has been called for. From the report, it transpires that chargesheet
Patna High Court CR. MISC. No.68721 of 2023(4) dt.22-12-2023 2/3 witnesses have been examined, but still trial has not been concluded.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-19 in Session Trial No. 246 of 2021 in connection with Suryapura P.S. Case No. 132 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;
Patna High Court CR. MISC. No.68721 of 2023(4) dt.22-12-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Prakashmani/- U T