Patna High CourtCR. MISC./56283/2017bail granted

Sumit Kumar Poddar @ Sumit Poddar @ Bablu Poddar v. The State Of Bihar

2018-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56283 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -FALKAHA District- KATIHAR ======================================================

1. Sumit Kumar Poddar @ Sumit Poddar @ Bablu Poddar S/o Ramesh Chandra Poddar @ Mahesh Poddar, R/o Village- Chandpur, P.S.- Falka (Pothia) District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304B of the Indian Penal Code. The petitioner is husband of the victim-lady who died within four years of her marriage in unnatural circumstances in her matrimonial house. There is allegation of demand of dowry and torture for the same.

Learned counsel for the petitioner submits that the case diary would reveal that none of the witnesses stated before the police that there was demand of dowry and torture for the same soon before the death. The witnesses stated that due to some quarrel between the husband and wife, the victim committed suicide. Petitioner is in custody since 24.07.2017.

Patna High Court Cr.Misc. No.56283 of 2017 (3) dt.16-01-2018 2/2 Learned counsel for the informant opposed the prayer for bail on the ground that informant has filed protest petition in this case.

Considering the fact that there is no material to substantiate the allegation in the FIR regarding demand of dowry and torture for the same, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Falka (Pothia) Police Station Case No. 80 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T