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Patna High Court - Orders

Serajuddin vs The State Of Bihar on 3 May, 2017

Author: Birendra Kumar

Bench: Birendra Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.21471 of 2017
                      Arising Out of PS.Case No. -177 Year- 2016 Thana -PANCHRUKHI District- SIWAN
                 ======================================================
                 1. Serajuddin Son of Late Bhola Mian Resident of Village- Hardiya
                 Paschim Tola, P.S. Pachrukhi, District- Siwna.
                                                                       .... .... Petitioner/s
                                                   Versus
                 1. The State of Bihar
                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Bijay Prakash Singh
                 For the Opposite Party/s   : Mr. Smt. Reena Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                 ORAL ORDER

2   03-05-2017

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 302 and 120(B)/34 of the Indian Penal Code.

The petitioner is father-in-law of the victim-lady. Allegation is that death for dowry was committed after more than seven years of marriage. There is no eye-witness of the occurrence.

Hence, there is neither presumption of dowry death against the petitioner nor any substantial material against the petitioner to refuse bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the Patna High Court Cr.Misc. No.21471 of 2017 (2) dt.03-05-2017 2/2 satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan/successor Court in connection with Pachrukhi Police Station Case No. 177 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/-

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