Upendra Narayan Das v. The State Of Bihar

Patna High Court Cr.Misc. No.20955 of 2017 (2) dt.12-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20955 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -LAKHNAUR District- MADHUBANI ====================================================== Upendra Narayan Das, Son of late Awadh Narayan Das, Resident of Village- Deep West, P.S.- Lakhanaur ( R.S.O.P.), District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party/s : Mr. Sri Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Lakhanaur (R.S.O.P.) P.S. Case No. 25 of 2016, registered under Sections 498(A) and 304(A)/34 of the Indian Penal Code. The accusation is of torturing and killing the daughter of the informant by her husband and in-laws due to nonfulfillment of demand of dowry and also to dispose of her dead body.

Learned counsel for the petitioner submits that, in fact, deceased, daughter of informant, sustained burn injury in course of cooking the meal and she was rushed to the P.M.C.H, Patna, for treatment but she died on 15.02.2016. Thereafter, she was

Patna High Court Cr.Misc. No.20955 of 2017 (2) dt.12-05-2017 cremated and informant also participated in her funeral but with ulterior motive the present case has been lodged after 16 days of the occurrence. Moreover, petitioner, who is the father-in-law of the deceased, is in custody since 23.11.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Lakhanaur (R.S.O.P.) P.S. Case No. 25 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T