Patna High CourtCR. MISC./11613/2019bail granted

Bihari Sahani v. The State Of Bihar

2019-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11613 of 2019 Arising Out of PS. Case No.-609 Year-2017 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Bihari Sahani Son of Kamleshwari Sahni R/o Village- Khokha, P.S- K. Nagar (Srinagar ), Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A, 328, 304B, 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.12.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. It is submitted on behalf of the

Patna High Court CR. MISC. No.11613 of 2019(3) dt.08-04-2019 2/2 petitioner that this is a case of suicide. From perusal of the statement as stated in paragraph 27 and 28 of the case diary, it is apparent that the deceased has committed suicide. Hence, no offence under Section 304B IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Presiding Officer, Fast Track Court-I, Purnea, in connection with Sessions Trial No. 150/18 arising out of K. Nagar (Srinagar) P.S. Case No. 609/17.

(Sudhir Singh, J) Pankaj/- U T