Ajay Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13785 of 2020 Arising Out of PS. Case No.-234 Year-2015 Thana- TEKARI District- Gaya ====================================================== AJAY DOM S/o Ashok Dom @ Ashok Raja R/O Village - Panchanpur, P.S. - Tekari, District - Gaya.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Sinha, Advocate.

For the State :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Sessions Trial No.534 of 2017-87 of 2017, arising out of Tikari P.S. Case No.234 of 2015, registered under Sections 304B/34 of the Indian Penal Code.

The accusation is of setting the deceased Shobha Devi, the sister of the informant Dilip Kumar, on fire by her husband (petitioner) and other in-laws for non-fulfillment of the dowry demand. While the deceased was rushed to P.M.C.H., Patna, for treatment but she died in course of treatment on 14.06.2015. Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the deceased Shobha Devi, the sister of the informant. In fact, the deceased

Patna High Court CR. MISC. No.13785 of 2020(4) dt.23-06-2020 2/2 sustained burn injury in course of cooking meal and she was rushed to P.M.C.H., Patna, for treatment but she died in course of treatment. The informant, who is the brother of the deceased, with an ulterior motive, lodged the present case. Further submission is that in course of trial, all the charge-sheeted witnesses including the informant were examined but they have not supported the prosecution case. The informant, in course of trial, was examined as P.W.5 and he stated in his evidence that his sister (deceased) sustained burn injury in course of cooking meal. The petitioner has no criminal antecedent and is in custody since 30.01.2018.

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 Sessions Judge-VIII, Gaya, in connection with Sessions Trial No.534 of 2017-87 of 2017, arising out of Tikari P.S. Case No.234 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T