Chandu Kumar Singh @ Chandu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17008 of 2020 Arising Out of PS. Case No.-130 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Chandu Kumar Singh @ Chandu Singh S/o Hari Shankar Singh @ Hari Kishore Singh Resident of Village- Khutauna, P.S.- Patahi, East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Anisur Rahman, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-09-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/201 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. Learned counsel for the petitioner submits that the informant has wrongly stated in the FIR that marriage was solemnized on 21.06.2012 just to make out a case of unnatural death within seven years of marriage. Annexure-4 reveals that date of birth of the eldest son of the petitioner and the victim is 05.08.2011. Therefore, presumption of dowry death is not there

Patna High Court CR. MISC. No.17008 of 2020(3) dt.01-09-2020 2/2 and no one had seen the petitioner and other family members causing death of the victim. Moreover, the parties have entered into a compromise as soon as the informant came to know about the truth that the victim died due to illness. Considering the entire facts aforesaid as well as completion of investigation, let the petitioner, above named, be released on bail on furnishing bail 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 Patahi P.S. Case No.130 of 2019, 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 trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T