Nand Keshar Das v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22273 of 2016 Arising Out of PS.Case No. -1197 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ====================================================== Nand Keshar Das Son of Late Jhari Das .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kunti Devi Wife of Late Chando Das .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2016 Heard learned counsels for the petitioner and the State.
The petitioner being father of the husband of the victim is languishing in custody since 01.04.2016 in a complaint case wherein processes has been directed to be issued after cognizance being taken for the offences punishable under sections 304B, 498A, 201 of the Indian Penal Code. Accusation is of killing the daughter of the informant, Deepa Devi for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that though the year of marriage has been mentioned as 2015 but deliberately the exact date has not been mentioned. Actually the marriage of the victim was performed with the petitioner in February, 2005 and the victim died in July-August, 2012, hence,
Patna High Court Cr.Misc. No.22273 of 2016 (2) dt.18-05-2016 2/2 she died after more than seven years of marriage, thus, the case does not come within the purview of section 304B IPC. In fact, the victim was at her parent's house where she died and in order to save their own skin the complainant and his family members lodged the present case. Admittedly, there is no eye witness to the occurrence and accusation is not specific against the petitioner.
Considering the thrust of accusation against the husband of the informant, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Jamui, in connection with Complaint Case No.1197 C/2012.
(Dinesh Kumar Singh, J) Ashwini/- U T