Dharmpal Mishra @ Punit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44115 of 2014 Arising Out of PS.Case No. -145 Year- 2014 Thana -BRAHMPUR District- BUXAR ====================================================== Dharmpal Mishra @ Punit Mishra Son of Raj Bihari Mishra Resident of village- Yogiya, P.S.- Brahmpur, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kr @ Dr. Amrendra Kr, Advocate For the Opposite Party/s : Mr. Ram Sewak Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 304B and 34 of the Indian Penal Code.

The allegation against the accused including the petitioner is to have demanded dowry and due to nonfulfilment of demand of dowry, daughter of the informant was tortured. It is alleged that due to improper treatment the deceased died.

It is submitted that the petitioner is the brother of the husband of the deceased. He is the junior most member of the family. There is no allegation that the petitioner has caused any overt act. The post mortem report also does not indicate any cause of death rather viscera has been preserved for forensic examination. However, the husband and father-in-law of the deceased are in custody. The petitioner has no criminal

Patna High Court Cr.Misc. No.44115 of 2014 (2) dt.13-04-2015 2/2 antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two genuine sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in Brahmpur P. S. Case no. 145 of 2014 with the following conditions :

1. The petitioner will not indulge in similar or in any other offence.

2.

The petitioner will be well represented in the court.

3. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T