Patna High CourtCR. MISC./16338/2019bail granted

Suraj Kumar v. The State Of Bihar

2019-07-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16338 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SURAJ KUMAR Son of Sri Awadhesh Sah R/o Village- Dumri, P.O- Khabra, P.S- Sadar , District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantanu Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B, 120B of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-04-2018. Charge sheet has already been submitted. In paragraphs-10 & 11 of the case diary, the witnesses have stated that the deceased had committed

Patna High Court CR. MISC. No.16338 of 2019(5) dt.29-07-2019 2/2 suicide. No offence u/S 304B of the Indian Penal Code is made out. At best, it is a case under Section 306 of the Indian Penal Code.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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 Ms. Divya Shekhar, learned Judicial Magistrate-Ist Class, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 279 of 2018. (Sudhir Singh, J) A.K.V.//- U T