Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80283 of 2018 Arising Out of PS. Case No.-728 Year-2017 Thana- DANAPUR District- Patna ====================================================== Sunny Kumar Son of Raj Kumar Resident of Village-Sultanpur, P.S.-Danapur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Counsel for the petitioner is permitted to make necessary connection in paragraph 1 of the petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A, 307/34 of I.P.C. and 3⁄4 of Dowry Prohibition Act. Later on, Section 304(B) of I.P.C. has been added.

Allegation is that the accused persons including the petitioner tortured the daughter of the informant due to nonfulfilment of demand of dowry. Lastly, he came to know that his daughter was thrown out from roof of the house with intent to

Patna High Court CR. MISC. No.80283 of 2018(4) dt.10-05-2019 2/2 kill her and she was admitted for treatment in the Hospital, where she succumbed to her injuries.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. From perusal of paragraph nos.67, 68, 69 of the case diary, it is evident that the witnesses have stated that the deceased had accidentally fallen from the roof of the house. She was injured, for which she was treated. In course of treatment, after 14 days she succumbed to the injuries.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, 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 A.C.J.M., Danapur in connection with Danapur P.S. case No.728 of 2017. (Sudhir Singh, J) Narendra/- U T