Patna High CourtCR. MISC./13997/2019bail granted

Birbal Rajbanshi v. The State Of Bihar

2019-05-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13997 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- MEHANDIA District- Jehanabad ====================================================== Birbal Rajbanshi S/o Ramadhar Rajbanshi Resident of village-Rajkharsa, P.SMehndia,District -Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma, Advocate For the Opposite Party/s :

Mr.Manish Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B of the Indian Penal Code.

The petitioner is in custody since 02.06.2018. The petitioner is husband of the victim of dowry death. Wife of the petitioner died within seven years of marriage in unnatural circumstances in her matrimonial house. Allegation is of demand of dowry and torture for the same. Other witnesses have also supported the allegation of demand of dowry and torture for the same.

Submission is that Mukhiya has granted certificate

Patna High Court CR. MISC. No.13997 of 2019(3) dt.14-05-2019 2/2 that at the time of death of the wife of the petitioner, petitioner was doing work at some different place. Presence of the petitioner at the time of occurrence is not necessary to constitute the offence of dowry death. Considering the entire facts, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mehndia P.S. Case No.36 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T