Monu Thakur @ Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22581 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- BIHTA District- Patna ====================================================== Monu Thakur @ Karan Kumar Son of Sugit Thakur @ Sujeet Thakur Resident of Village- Simri, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brisketu Sharan Pandey, APP For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-10-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code.

Petitioner is elder brother of the victim of dowry death. Husband of the victim is already in jail. The petitioner is in custody since 03.03.2020. The allegation of demand of dowry and torture for the same is general and omnibus. Learned counsel for the petitioner submits that investigation of the case is already complete. There is no averment in the FIR or statement of any witness that the victim

Patna High Court CR. MISC. No.22581 of 2020(3) dt.12-10-2020 2/2 was tortured for non-fulfillment of dowry demand soon before her death nor any eyewitness claims to have seen the occurrence of throttling of the victim.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bihta P.S. Case No.177 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T