Raj Kumar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12808 of 2015 Arising Out of PS.Case No. -875 Year- 2014 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Raj Kumar Chauhan Son of Shukdeo Chauhan Resident of village - Barbanna, P.S. Maranga ( K. Hat ), District - Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner and the State.
Petitioner being the husband of the victim is languishing in custody since 05.11.2014 in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
Accusation is of killing the daughter of the informant after four years of marriage for non-fulfillment of dowry demand.
It is submitted by the learned counsel for the petitioner that actually marriage was performed in 2005, but no investigation was done by the I.O. with regard to date of marriage. The post-mortem reflects no external or internal injury and cause of death has been opined due to some disease, whereas informant has alleged that he saw many
Patna High Court Cr.Misc. No.12808 of 2015 (3) dt.29-06-2015 injuries on the dead body of the victim. Admittedly, the informant is not an eye witness to the occurrence. It is further submitted that no case for torture or demand of dowry was lodged earlier.
Considering the fact that accusation is not being corroborated by the post-mortem report, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Purnea in connection with K.Hat (Maranga) P.S. Case No. 875 of 2014.
(Dinesh Kumar Singh, J) P.K./- U T