Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36434 of 2018 Arising Out of PS.Case No. -793 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Dharmendra Singh son of Late Lalan Singh resident of village - Jamunapur, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Moleshwar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-07-2018 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/34 of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that the alleged death for dowry took place after ten years of marriage. Hence, presumption of dowry death is not attracted against the petitioner, who is husband of the victim. Moreover, there is no eyewitness of the occurrence. Investigation of the case is already complete.

Finding substance in the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.36434 of 2018 (3) dt.03-07-2018 P2/ 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 Bihta P.S. Case No.793 of 2016, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/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