Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43340 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Rakesh Kumar son of Shyam Nandan Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and is languishing in jail custody since 18.04.2016 in a case registered under section 304B/34 of the Indian Penal Code. It is curious enough that neither the date of marriage nor the year of marriage of the deceased was disclosed in the fardbeyan by the informant but even then the concerned officer-incharge registered the case under section 304B/34 of the Indian Penal Code. Moreover, in course of investigation, it came to light that the marriage of the deceased had taken place in the month of November 2014 and she died in other than normal circumstances on 30.01.2016. The informant has admitted in his written report that when he reached the house of the petitioner on the basis of

Patna High Court Cr.Misc. No.43340 of 2016 (4) dt.25-11-2016 2/2 call made by elder brother of the petitioner, he found that the room of the deceased was locked from inside and anyhow the glasses of the door of the room were broken and then the informant noticed that the deceased was hanging from ceiling. The investigation against the petitioner has already been completed but except ligature mark, no injury was found on the person of the deceased. Moreover, there is nothing against the petitioner in fardbeyan of the informant that he put the deceased into cruelty due to nonfulfillment of dowry demand. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S.Case No. 88 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T