Patna High CourtCR. MISC./79581/2018bail granted

Sanjay Prasad @ Sanjay Kumar Sah v. The State Of Bihar

2019-04-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79581 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== Sanjay Prasad @ Sanjay Kumar Sah, Son of Sri Ramashray Prasad, resident of Village - Pokhara, P.s. - Maharajganj, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 304B and 201/34 of the Indian Penal Code.

Marriage of this petitioner was solemnized with the victim of death in the year 2009. When death was caused on 21.03.2018, the petitioner was in the State of Gujarat and not in the matrimonial house where death was caused. Allegation is that death was due to non-fulfillment of dowry demand.

Submission is that there is no presumption of dowry death against the petitioner or co-accused and there is no direct material to substantiate the allegation that petitioner was involved in commission of dowry demand. Petitioner is in

Patna High Court CR. MISC. No.79581 of 2018(3) dt.16-04-2019 2/2 custody since 11.10.2018.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Maharajganj Police Station Case No. 47 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Rajan/Banti U T