Alok Kumar @ Alock Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6782 of 2019 Arising Out of PS. Case No.-31 Year-2018 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Alok Kumar @ Alock Kumar son of Munarik Ram R/o village- Tandwa Haibat, P.S- Narari Kala Khurd, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/328/34 of the Indian Penal Code.

Though allegation against the petitioner is that he committed murder of his wife Ranju Devi for non-fulfillment of dowry demand. However, the FIR would reveal that Ranju Devi was second wife of the petitioner with whom the petitioner married after death of his first wife Sunita Kumari. Soon after marriage with Ranju Devi, the petitioner allegedly married with Lalsa Kumari, the sister of his first wife late Sunita Devi. Thereafter, allegation is that Lalsa Devi and petitioner used to

Patna High Court CR. MISC. No.6782 of 2019(5) dt.03-05-2019 2/3 torture Ranju Devi for non-fulfillment of dowry demand and the death was a dowry death.

Submission of the learned counsel for the petitioner is that in fact due to family quarrel arising out of the situation mentioned in the FIR, the victim might have committed suicide and there is no reason for demand of dowry when the petitioner had already married with the sister of his first wife. There is no eyewitness of the occurrence. The petitioner is in custody since 14.09.2018. Investigation of the case is already complete.

Learned counsel for the informant opposed the prayer for bail.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nararikala Khurd P.S. Case No.31 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial

Patna High Court CR. MISC. No.6782 of 2019(5) dt.03-05-2019 3/3 of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T