Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35496 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -KAJRA District- LAKHISARAI ======================================================

1. Azad Kumar Son of Mithilesh Mahto @Mithilesh kumar, Son of Bausdeo Mahto resident of Village -Punadih,P.s Kajra, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Sinha For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 304(b)/120(B)/34 of the Indian Penal Code. The allegation against the petitioner is of killing the daughter of the informant for non fulfilment of additional demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 17.12.2014. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. It is further submitted that in the FIR there is specific allegation that she was pushed from the roof of the house

Patna High Court Cr.Misc. No.35496 of 2015 (3) dt.06-10-2015 2/2 and due to that she succumbed to the injury. From perusal of the inquest report and post mortem report it appears that the allegation made in the FIR is not supported. The deceased was under family way and she was taken to hospital and in course of treatment she has died.

It has been submitted on behalf of the State and the informant that the petitioner is named in the FIR and the husband of the deceased.

Considering the facts aforesaid, let above named petitioner 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 learned S.D.J.M., Lakhisarai in Kajra P.S.Case No. 31 of 2014.

(Sudhir Singh, J) singh/- U T