Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26073 of 2019 Arising Out of PS. Case No.-603 Year-2018 Thana- AMARPUR District- Banka ====================================================== MUKESH SAH Son of Rajendra Sah Resident of Fullidumar, Police StationAmarpur (Fullidumar), District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The witnesses examined in

Patna High Court CR. MISC. No.26073 of 2019(4) dt.05-07-2019 2/2 paragraphs 67, 68 and 69 of the case diary have stated that the deceased is said to have committed suicide. Hence, no offence under Section 304B IPC is made out. At best, it is a case for offence under Section 306 IPC.

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

Considering the aforesaid facts and circumstances, it is directed that 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 Additional Sessions Judge-II, Banka in connection with Sessions Case No. 69/2019 arising out of Amarpur (Fullidumar) P.S. Case No. 603 of 2018.

(Sudhir Singh, J) Pankaj/- U T