Ujjwal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.160 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -ALAMGANJ District- PATNA ====================================================== Ujjwal Kumar, Son of Anand Kumar, Resident of Gauri Shankar Colony, Gaighat, P.S. Alamganj, District-Patna.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s.Y.V. Giri, Sr. Advocate & Ashish Giri, Advocate. For the State : Mr. Nityanand, A.P.P. For the Informant : Mr. Sandip Sahi, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 28-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Alamganj P.S. Case No.93 of 2016 registered under Sections 304B/34 of the Indian Penal Code.

The accusation is that for non fulfillment of the dowry demand of gold chain, gold bracelet and also the price of the car, the deceased, the daughter of the informant, was being tortured through various modes by her husband (petitioner) and other inlaws, due to that reason, she committed suicide by hanging herself. Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the

Patna High Court Cr.Misc. No.160 of 2017 (4) dt.28-01-2017 2/3 deceased, the daughter of the informant. After marriage, the deceased, the daughter of the informant, was not happy with the petitioner and her activities were also suspicious. Regarding the misbehavior of the deceased with the petitioner and showing apprehension of any misdeed by the deceased, the daughter of the informant, with the petitioner, Informatory Petition Nos.598 of 2016 on 04.03.2016 and 1629 of 2015 on 17.06.2015 were filed by the petitioner in the court of the Additional Chief Judicial Magistrate, Patna City, Patna, which would appear from Annexure-'2' series to this application.

In fact, since the deceased, the daughter of the informant, was not happy with the petitioner, she locked the door of the room from inside regarding which the information was given to the Alamganj Police Station, on which the police came and the door of the room was opened by the police and the dead body of the deceased, the daughter of the informant, was recovered in hanging condition. The information with regard to the same was given to the informant by this petitioner, which would appear from paragraphs-3 and 4 of the case diary as detailed by the Investigating Officer of the case.

Patna High Court Cr.Misc. No.160 of 2017 (4) dt.28-01-2017 3/3 the price of the car but the suicide note, which is said to be written by the deceased, the daughter of the informant, does not disclose about torturing her for non fulfillment of the aforesaid dowry demand rather several emotional story is detailed therein. The petitioner is in custody since 23.03.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 6th Additional Sessions Judge, Patna City, Patna, in connection with Sessions Trial No.738 of 2016, arising out of Alamganj P.S. Case No.93 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T