Patna High CourtCR. MISC./12530/2016bail granted

Ganauri Das v. The State Of Bihar

2016-03-17Mr. Justice Dinesh Kumar Singh2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12530 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Ganauri Das, Son of Mahadeo Das, Resident of Village- Bindhpr, P..S Banke Bazar, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsels for the petitioner and the State. Petitioner being the elder brother of the victim, is apprehending arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code. Accusation is of killing of the daughter of the informant after five years of marriage by causing burn injury for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner being the elder brother of the husband of the victim is separate from the husband of the victim since long and on the alleged date of occurrence the petitioner was at Chennai as he was the witness to the inquest report of one R. Naresh Das, who died on 06.09.2015, for which T. Ambattur P.S. Criminal NO.

Patna High Court Cr.Misc. No.12530 of 2016 (2) dt.17-03-201 2/26 1494 of 2015, was registered. The accusation against the petitioner is omnibus and general and thrust of accusation is against the husband of the victim.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sherghatti, at Gaya in connection with Banke Bazar P.S. Case No. 165 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) sunil/- U