Patna High CourtCR. MISC./19597/2019bail granted

Raju Miyan v. The State Of Bihar

2019-04-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19597 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== RAJU MIYAN Son of Akari Miyan, Resident of Village-Senuwariya, Darji Tola, Police Station-Majhauliya, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The witnesses in paragraphs 80 and 82 of the case diary have categorically stated that the

Patna High Court CR. MISC. No.19597 of 2019(4) dt.29-04-2019 2/2 deceased has committed suicide. Hence, no offence under Section 304B is made out. At best, it is a case for an offence under Section 306 IPC.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 130 of 2018. (Sudhir Singh, J) Pankaj/- U T