Amar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43246 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Raj Kumar Thakur S/o Late Bechan Thakur, Resident of Village - Chandharpur, P.S. - Kalyanpur, District - Samastipur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.46022 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Amar Thakur S/o Raj Kumar Thakur, resident of village - Chandharpur, P.S. Kalyanpur, District - Samastipur .... .... Petitioner

Versus

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

(In Cr.Misc. No.43246 of 2014) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Manoj Kr. 1, APP (In Cr.Misc. No.46022 of 2014) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Akbar Ali,APP ===================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-03-2015 The petitioner in Cr. Misc. No.43246 of 2014 is the father of the petitioner in Cr. Misc. No.46022 of 2014. The second petitioner was married to one Asha Devi. She died on 26.4.2014. Her father submitted a complaint on the next day alleging that the deceased was killed by the petitioners and some other family members. One of the reasons stated was that there was a demand for additional dowry and since the same was not complied with the deceased Asha Devi was put to death.

The petitioners filed Bail Petitions for grant of regular bail but the same were rejected.

Patna High Court Cr.Misc. No.43246 of 2014 (3) dt.03-03-2015 2/2 Heard Sri Ajay Kumar Singh for the petitioners and Sri Manoj Kumar 1, learned A.P.P.

The complaint is silent about the date of occurrence. A perusal of the F.I.R. discloses that information about the occurrence was received on 26.4.2014, whereas the complaint was lodged on the next day. The case diary made available by the learned A.P.P. discloses that the death occurred on hanging and the deceased became emotional on account of verbal dual in the context of celebration of their marriage day. The diary also discloses that the deceased bolted the room from inside and the window had to be broken to go inside the room. The petitioners are in jail for more than ten months. This Court is satisfied that the petitioners deserve to be granted bail. These applications are ordered accordingly. I direct that the petitioners shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur PS Case No. 76 of 2014.

(L. Narasimha Reddy,CJ) mrl U T