Patna High CourtCR. MISC./48805/2014bail granted

Mithun Sahni v. The State Of Bihar

2015-05-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48805 of 2014 Arising Out of PS.Case No. -146 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Mithun Sahni Son of Ram Baran Sahni Resident of village - Ishapur, Police Station - Bhagwanpur, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and is languishing in jail custody since 30.08.2014 in a case in which after investigation, police submitted charge sheet under section 304B of the Indian Penal Code.

Admittedly, the present case was lodged on the fardbeyan of the Chaukidar of the village and in course of investigation, when the statement of mother of deceased was recorded at Para-20 of the case diary, she did not make allegation of demand of dowry as well as torture against the petitioner and similarly, the maternal uncle of the deceased also did not make any allegation of demand of dowry as well as torture against the

Patna High Court Cr.Misc. No.48805 of 2014 (6) dt.07-05-2015 2/2 petitioner, rather both the above stated witnesses stated that deceased consumed poisonous tablets, accidentally as a result of which she died.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri R. P. Raman Judicial Magistrate 1st class Begusarai in connection with Bhagwanpur P.S.Case No. 146 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U T