Ramesh Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10582 of 2019 Arising Out of PS. Case No.-434 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== Ramesh Kumar Dubey, Late Ekwali Dubey, Resident of village-Mangalpur Patni, P.S.-Ramgarhwa, District-East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate.

For the Opposite Party/s :

Mr. A.M.P., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 434 of 2015 registered under Section 304(B) and 201 of the Indian Penal Code. The accusation is of causing assault by her husband and in-laws due to non-fulfillment of demand of dowry. On 07.05.2015, her another daughter Choti Kumari informed on telephone that her daughter Sudha was brutally assaulted by her husband and in-laws on her stomach due to that reason, she became unconscuous. Thereafter, informed reached at Sasural house of her daughter and took her at Heritage Hospital Mithapur, Patna. Thereafter, informant left her daughter with son-in-law at the hospital. On 12.05.2015, when she made query about her daughter then her son-in-law informed that her

Patna High Court CR. MISC. No.10582 of 2019(5) dt.24-06-2019 2/2 daughter died.

Learned counsel for the petitioner submits that due to liver problem, Sudha, daughter of the informant was admitted in hospital but when more money was needed for her treatment, the petitioner returned to Motihari to arrange the money and thereafter, he again went to Patna but the Doctor advice him to take her back to the house but in the way, daughter of the informant died. It is further submitted that it would appear from paragraphs 8, 9, 21 and 31 of the case diary that deceased died due to illness. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 434 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T