IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.11770 of 2010
VIJAY KUMAR son of Bhola Kumar
Versus
THE STATE OF BIHAR
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4/ 23.06.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 304-B, 201 Indian Penal Code in which
subsequently chargesheet under section 302, 201/34 of the Indian
Penal Code was submitted.
In the First Information Report, allegation against the
petitioner and other in-laws is that daughter of the informant was
murdered by them for ends of dowry. However, during investigation
number of witnesses stated that the deceased herself committed
suicide. It also transpired that the marriage had taken place more than
eight years ago and, therefore, chargesheet was submitted under
section 302, 201 Indian Penal Code.
Submission is that since the chargesheet has now been
submitted under section 304-B Indian Penal Code question of
presumption would not arise against in-laws and general allegation
without any corroboration has no meaning.
In view of such, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.5,000/- (five thousand)
with two sureties of the like amount each to the satisfaction of the
Additional Chief Judicial Magistrate, Nuagachia, Bhagalpur, in
connection with Naugachia (Parbatta) P.S. Case No. 188 of 2006,
subject to the conditions (i)That one of the bailors will be a close
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relative of the petitioner, who will give an affidavit giving genealogy
as to how he is related with the petitioner. The bailors will undertake
to furnish information to the court about any change in the address of
the petitioner, (ii)That the petitioner will give an undertaking that he
will receive the police papers on the given date and be present on date
fixed for charge and if he fails to do so on two given dates and delays
the trial in any manner, his bail will be liable to be cancelled for
reasons of misuse, (iii)That the petitioner will be well represented on
each date and if he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
JA/- (Anjana Prakash, J.)