Dharmendra Kumar @ Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21640 of 2016 Arising out of PS.Case No. -1018 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Dharmendra Kumar @ Jitendra Choudhary, S/o:- Ganesh Choudhary, resident of :- Village:- Garha, P.S.- Ahjiyapur, District:- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Parasmani, Advocate. For the Opposite Party : Mr. Raju, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 04.03.2016 in connection with Ahiyapur P.S. Case No. 1018 of 2015 for the offences instituted under Sections 304(B) and 120(B) of the IPC. The accusation is of killing the daughter of the informant for non-fulfilment of dowry demand by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.03.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case. In paragraph nos. 67, 89 and 90 of the case diary, it has been stated that the deceased did

Patna High Court Cr.Misc. No.21640 of 2016 (4) dt.10-08-2016 2/2 not like the petitioner and hence she committed suicide by taking poison.

On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R. and he has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, 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 satisfaction of the learned C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1018/2015.

The F.S.L. report which has been received from the Director, Forensic Science Laboratory, Muzaffarpur, be sent back. U.K./- (Sudhir Singh, J) U T