Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.753 of 2017 (3) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.753 of 2017 Arising Out of PS.Case No. -326 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Santosh Kumar, Son of Sri Basudeo Prasad, R/o- Dev Nagar North of Hilsa Sub-Division Hospital, P.S.- Hilsa, Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 09.08.2016 in connection with Danapur P.S. Case No. 326 of 2016 registered under Sections 304(B)/120 of the Indian Penal Code.

Accusation is of torture for non fulfillment of dowry demand. It is alleged that the accused persons have murdered the deceased due to non-fulfillment of dowry demand after closing her in a room.

Learned counsel for the petitioner has submitted that the petitioner, happens to be husband of the deceased, is innocent and has not committed any offence. According to paragraph 58 of the case diary, which is statement of brother of the deceased, in which, he has stated that her sister-deceased has already attempted to commit suicide in her house and also said that her daughter may have committed

Patna High Court Cr.Misc. No.753 of 2017 (3) dt.22-02-2017 suicide due to depression. No any witnesses have supported the case of the prosecution. The petitioner, who is of clean antecedent, is rotting in custody for the last five months.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur in connection with Danapur P.S. Case No. 326 of 2016.

(Arvind Srivastava, J) brajesh/- U T