Patna High CourtCR. MISC./38985/2018bail granted

Kamleshwari Singh v. The State Of Bihar

2018-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38985 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Kamleshwari Singh S/o late Singheshwar Singh, R/o Vill.- Sikiyaha, P.S.- Kumarkhand, (Bhatni O.P.), District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Kumar For the Opposite Party/s : Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-302, 326, 498A, 120(B) 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 is in custody since 19-01-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is father-in-law of the deceased. He is separate in mess and property

Patna High Court Cr.Misc. No.38985 of 2018 (3) dt.24-07-2018 from husband of the deceased. There is no eye witness of the alleged occurrence The husband of the deceased is in custody. Charge sheet has been submitted in this case u/S 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 learned Additional Sessions Judge-Ist, Madhepura in connection with Kumarkhand (Bhatni O.P.) P.S. Case No. 08 of 2018 corresponding to Sessions Trial No. 79 of 2018.

(Sudhir Singh, J) A.K.V./- U T