High Court Patna High Court - Orders

Kaushal Kishore Jha vs State Of Bihar on 7 September, 2010

Patna High Court – Orders
Kaushal Kishore Jha vs State Of Bihar on 7 September, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.23773 of 2010
KAUSHAL KISHORE JHA, son of Late Yamuna kant Jha, resident of village Tetari, P.S. - Balia,
District - Begusarai.
                                                                        ----------- Petitioner.
                                           Versus
THE STATE OF BIHAR                                                 --- opposite party.
                                            -------

02. 07.09.2010 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

Petitioner is named accused in this case being father-in-law

of deceased sister of the informant who lost her life within four years

of her marriage after being subjected to torture for demand of dowry

etc. but informant as appears have taken U-turn by filing affidavit

before the court below about no such demand and death of deceased

during preparation of tea.

If it is so, and the informant by appearing as witness

supports factum of such statement being made with his free-will and

consent without any coercion and also stood as one of the bailors,

and in the event of his arrest/surrender within four weeks of receipt of

the copy of this order, petitioner, namely, Kaushal Kishore Jha, is

directed to be released on bail on furnishing bail bond of Rs. 10,000/-

(ten thousand only) with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Begusarai, in connection with

Balia P.S. Case No. 123/2009, subject to condition laid down under

Section 438(2) of the Criminal Procedure Code with additional

condition to remain physically present before the court below on each

and every date till disposal of the case, in case of failure on two

consecutive dates, the liberty shall be deemed to be cancelled.

Rajeev/                                                                (Akhilesh Chandra, J.)