Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5 of 2016 Arising Out of PS.Case No. -14 Year- 2013 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Sonu Kumar Son of Bharat Singh Resident of Village-Bhadokhara, P.s Mufassil, District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the victim is languishing in custody since 30.06.2015 in a case registered for the offences punishable under Sections 498A, 304B, 120B, 201/34 of the Indian Penal Code.

The prosecution case is of killing the daughter of the informant for non-fulfillment of dowry demand and disposing of the dead body and throwing the same near the National Highway.

It is submitted by the learned counsel for the petitioner that as per own admission of the informant the marriage was performed in 2002-03 when the victim died in 2013, does not come within the purview of Section 304B of the Indian Penal Code. Moreover, on conclusion of investigation

Patna High Court Cr.Misc. No.5 of 2016 (3) dt.16-02-2016 Final Form (Charge-sheet) was submitted under Sections 302, 201/34, 498A of the Indian Penal Code. It is further submitted that this is not in dispute that prior to the death the victim was at her parents house, hence accusation of throwing the dead body by petitioner near the National Highway does not appear to be reasonable.

Considering the fact that investigation has already concluded and charge-sheet has been submitted under Sections 302, 201/34, 498A of the Indian Penal Code, let the above named 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 learned Chief Judicial Magistrate, Nawada in connection with Nawada Mufassil P.S. Case No. 14 of 2013.

(Dinesh Kumar Singh, J) P.K./- U T