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Patna High CourtCR. MISC./33211/2015bail granted

Amit Kumar Mishra @ Neeraj@Nirat v. The State Of Bihar

2015-10-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33211 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Amit Kumar Mishra @ Neeraj @ Nirat Son of Ramesh Mishra resident of village - Dhanadi, Police Station - Muffasil, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-10-2015 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 19.01.2015 in a case in which police submitted charge sheet under Section 304B of the Indian Penal Code.

No doubt, the deceased died of burn injuries within one year of her marriage and there is allegation that petitioner and his family members used to make illegal demand of dowry but the ferdbeyan of the informant reveals that he got telephonic message from the family members of the petitioner to this effect that deceased had been caught in fire and she was being taken to hospital and having got the aforesaid information, the informant

Patna High Court Cr.Misc. No.33211 of 2015 (3) dt.15-10-2015 2/2 went to the hospital where allegedly, deceased disclosed that she was set on fire by her in laws.

In course of investigation, several co-villagers of the petitioner stated that deceased was caught in fire while she was cooking meal. The investigating officer has mentioned at para-11 of the case diary that deceased was caught in fire in the kitchen. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Aurangabad in connection with Muffasil P.S. Case No. 248 of 2014.

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