Shivnath Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21699 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- BHORE District- Gopalganj ====================================================== SHIVNATH DUBEY S/O Late Gorakh Dubey R/O - Shukl Dumar, P.S. - Bhore, Distt.- Gopalganj.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Amresh Kumar Sinha, Advocate.

For the State :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Bhore P.S. Case No.33 of 2020 registered under Sections 304(B) and 120(B)/34 of the Indian Penal Code.

The accusation is that the marriage of the deceased Manisha, the sister of the informant Vivek Kumar Pandey, was performed with Rahul Dubey, son of the petitioner Shivnath Dubey, on 17.05.2019 and, thereafter, she was sent in Bidai to her Sasural with gifted articles but she was being tortured for demand of four wheeler vehicle in dowry there. Lastly, she was killed on 01.02.2020 by her father-in-law Shivnath Dubey (petitioner) and Sangeeta Dubey and Chhoti Dubey, the

Patna High Court CR. MISC. No.21699 of 2020(4) dt.02-11-2020 2/3 daughters of the petitioner, by pressing the neck. Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the father-inlaw of the deceased Manisha. In fact, Rahul Dubey, the husband of the deceased Manisha, used to reside outside the State of Bihar, due to that reason, there was dispute in between Rahul Dubey and his wife Manisha (deceased) and the deceased committed suicide by hanging herself in the night. At that time, the petitioner had gone to attend the function of 'Astha Jaap' at the temple and when he returned from there, then he found the door of the house locked inside and, anyhow, the door of the house was opened, and, then, the petitioner found the deceased Manisha in hanging condition.

Thereafter, the information in this regard was given to the informant, who participated in the funeral of the deceased Manisha but, with an ulterior motive, the informant lodged the present case. Further submission is that the witnesses in paragraphs-54, 55, 57 and 58 of the case diary have also stated this fact that the petitioner was not present at house in the night of the occurrence rather he had gone to attend the function of 'Ashta Jaap' at the temple.

Patna High Court CR. MISC. No.21699 of 2020(4) dt.02-11-2020 3/3 to hanging. The petitioner is in custody since 02.02.2020 and, on investigation, the police has already submitted the chargesheet against the petitioner. Having regard to the facts and the circumstances of the case, 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 to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Bhore P.S. Case No.33 of 2020. (Rajendra Kumar Mishra, J) P.S./- U T