Patna High CourtCR. MISC./12236/2019bail granted

Manikant Kumar Kushwaha @ Manikant Kushwaha v. The State Of Bihar

2019-04-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12236 of 2019 Arising Out of PS. Case No.-87 Year-2017 Thana- DHARHARA District- Munger ====================================================== MANIKANT KUMAR KUSHWAHA @ MANIKANT KUSHWAHA Son of Late Bishundeo Kushwaha Resident of Village - Uttar Tola Dharhara, P.S.- Dharhara, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2019 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 304B and 34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.6.2017 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. The petitioner has falsely been implicated in the present case. The witnesses in paragraphs 8

Patna High Court CR. MISC. No.12236 of 2019(3) dt.10-04-2019 2/2 and 9 of the case diary have stated that the deceased has committed suicide. Hence, no offence under Section 304B IPC is made out. At best, it is a case for offence under Section 306IPC.

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 A.D.J.-I, Munger in connection with Dharhara P.S. Case No. 87/2017, S. T. No. 120/18.

(Sudhir Singh, J) Pankaj/- U T