Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1242 of 2017 Arising Out of PS.Case No. -274 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Navin Kumar son of Shri Janardan Singh, Resident of village - Begampur, P.S. - Nalanda, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 09.11.2016 in connection with Ghoshi P.S. Case No. 274 of 2016 registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the father of the deceased, Nitu Kumari, is that she was married with accused Vicky Kumar on 07.05.2015 and thereafter she was being tortured by the accused persons due to non-fulfilment of demand of dowry. On 19.09.2016, husband of the deceased informed the informant that his daughter had died, as she had taken poison. When informant went to the matrimonial house of his daughter, accused persons told him that the deceased was very ill-tempered and had

Patna High Court Cr.Misc. No.1242 of 2017 (2) dt.16-01-2017 2/2 taken poison on account of dispute with her husband and the petitioner was found present there.

It has been submitted by the learned counsel for the petitioner that he is the brother-in-law (Nandosi) of the deceased and has separate home and hearth and is not connected in any way with the family affairs of the deceased. He submits that no allegation of torture or any overt act has been alleged against the petitioner and he has been falsely implicated only because, he was present in the matrimonial house of the deceased after getting information of her death.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 274 of 2016.

(Nilu Agrawal, J.) Arjun/- U T