Patna High CourtCR. MISC./39881/2014bail granted

Ram Ishwar Mahto v. The State Of Bihar

2015-01-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39881 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -RASULPUR District- SARAN ====================================================== Ram Ishwar Mahto Son of Lal Chand Mahto Resident of Village - Jamanpura, P.O. AND P.S. - Rasulpur, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Tiwary For the State : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.

The petitioner is the elder brother of the husband of the deceased (Bhaisur) and seeks bail in a case registered for the offence punishable under Sections 304-B/34 of the Indian Penal Code.

As per the prosecution case, the in-laws of the deceased used to demand dowry. Allegedly, in-laws including her husband, father-in-law and the present petitioner killed her on 20.05.2014. Learned counsel for the petitioner has submitted that there is no specific allegation against this petitioner of demand of dowry immediately before the death of the deceased. He further submits that the post-mortem report does not support the prosecution story.

Patna High Court Cr.Misc. No.39881 of 2014 (3) dt.14-01-2015 P2/2 Be that as it may, in view of the submission, which is apparent from the First Information Report also that there is no specific allegation against this petitioner of having made any demand of dowry immediately before the death of the deceased, let the petitioner Ram Ishwar Mahto 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 Chief Judicial Magistrate, Saran at Chapra in connection with Rasulpur P.S. Case No. 28 of 2014.

(Chakradhari Sharan Singh, J.) Saif/- U