Shailesh Kumar Mishra @ Shailesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17326 of 2017 Arising Out of PS.Case No. -326 Year- 2016 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Shailesh Kumar Mishra @ Shailesh Mishra, Son of Sri Indranand Mishra, Resident of Village- Bikrampur, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 304(B)/34 of the Indian Penal Code. Wife of this petitioner died in unnatural circumstances within three years of her marriage. There is allegation of commission of death for dowry.

Submission on behalf of the petitioner is that the doctor did not find any external injury and the viscera, which was being carried for examination by the Forensic Science Laboratory, was allegedly stolen away in the train. Hence, cause of death has not been established in this case. The witnesses have stated before the police that the marriage was solemnized in the temple without any

Patna High Court Cr.Misc. No.17326 of 2017 (3) dt.16-05-2017 2/2 dowry, so, the allegation of demand of dowry and torture cannot be made.

Considering the aforesaid facts, the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 326/2016.

(Birendra Kumar, J.) Rakhi U T