Aman Kumar Sah @ Aman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52929 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -BUDHUCHAK District- BHAGALPUR ======================================================

1. Aman Kumar Sah @ Aman Sah, Son of Doman Sah, Resident of Village-Goghatta, Police Station-Budhuchak, District-Bhagalpur .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Najmul Hodda, Adv. For the Opposite Party : Mr. Parmanand Prasad, APP 116 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 498A, 504, 304B/34 and 328 of the Indian Penal Code.

Khushboo Devi, the daughter of the informant died in her matrimonial house within seven years of her marriage. However, the first information report discloses that torture was not due to non-fulfillment of the demand by the petitioner. Hence, offence under Section 304B of the Indian Penal Code prima facie is not made out for the purpose of bail. The witnesses before the police stated that due to trivial family dispute the victim committed suicide. Considering the aforesaid fact, 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 in connection with Budhuchak P.S. Case No. 13 of 2016 to the satisfaction of Sri Prashant Kumar, Judicial Magistrate, 1st Class, Bhagalpur, or successor Court. (Birendra Kumar, J) SA/- U √ T √