Upendra Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24496 of 2020 Arising Out of PS. Case No.-158 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== UPENDRA KESHRI S/o- Hiralal Keshri Resident of Village- Mohania, Ward No. -07, P.S.- Mohania, District- Kaimur (Bhabhua), Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Narayan, Sr. Adv.

Mr.Alok Ranjan, Adv.

For the Opposite Party/s :

Mr.Suresh Pd. Singh, Adv.

Mr.Siddharth Harsh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Mohania P.S. Case No. 158 of 2019, disclosing offence punishable under Sections 304-B/34 of the Indian Penal Code.

The petitioner is in custody since 05.04.2019. His application for grant of regular bail was earlier rejected by this Court by an order dated 04.12.2019, passed by Hon'ble the Chief Justice in Cr. Misc. No. 54070 of 2019. The petitioner has filed the present application renewing his prayer for bail. This case was placed before the Court of Hon'ble the Chief Justice, the matter being tied up with His Lordship. When the matter was taken up on 16.09.2020, Hon'ble the Chief

Patna High Court CR. MISC. No.24496 of 2020(5) dt.04-11-2020 2/3 Justice passed the following order :- "Let this case be not treated as tied-up matter. List in the next week before regular Bench as per seniority of the case."

This case has, thereafter been listed before me, under the orders of Hon'ble the Chief Justice.

The petitioner is the husband of the deceased. There is allegation of demand of dowry made by the petitioner and other in-laws of the deceased.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that the matrimonial relationship of the petitioner with the deceased was cordial and at no point of time the deceased had raised any grievance. The petitioner was not present at the place where the deceased died. It has been argued that there is no cogent material available on record to suggest any dowry demand having been made by the petitioner. He has further argued that there is no substantial progress in the trial. Considering all the facts and circumstances of the case, particularly the fact that the petitioner is in custody since 05.04.2019, this application is allowed.

Let 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

Patna High Court CR. MISC. No.24496 of 2020(5) dt.04-11-2020 3/3 Chief Judicial Magistrate, Kaimur at Bhabhua, in Mohania P.S. Case No. 158 of 2019.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today. (Chakradhari Sharan Singh, J) Rajesh/- U T