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Patna High CourtCR. MISC./26208/2017bail granted

Dhaneshwar Singh v. The State Of Bihar

2017-09-07Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26208 of 2017 Arising Out of PS.Case No. -185 Year- 2005 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Dhaneshwar Singh, son of Jai Narayan Singh, Resident of villageBhikhanpura, P.S. Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in judicial custody since 06.02.2017 in connection with Paroo P.S.Case No. 185 of 2005 registered for offences punishable under Sections 306/34 of the Indian Penal Code.

The prosecution case as lodged by the informant that his daughter, Rina Devi was married to Mukesh Kumar Singh in the year 1995 but she was subjected to torture by the petitioner ( father-in-law of the deceased) and other in-laws for nonfulfillment of demand of dowry and ultimately she was killed by the petitioner ( father-in-law), husband and mother-in-law of the deceased.

It has been submitted by the learned counsel for the petitioner that the deceased committed suicide and the son of the

Patna High Court Cr.Misc. No.26208 of 2017 (4) dt.07-09-2017 2/2 petitioner namely, Mukesh Kumar Singh was arrested and in Sessions Trial No. 270 of 2009, Mukhesh Kumar Sigh, has already been acquitted vide order dated 03.11.2009 by 4th Additional District and Sessions Judge, Muzaffarpur finding that there was a good relation between husband and wife. He further submits that the petitioner is father-in-law of the deceased and no specific allegation has been made against him and that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- ( Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Priti Kumari, learned Judicial Magistrate, 1st class in connection with Paroo P. S. Case No. 185 of 2005. (Nilu Agrawal, J) Sudha/- U T