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Patna High CourtCR. MISC./6837/2016bail granted

Bhuneshwar Prasad v. The State Of Bihar

2016-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6837 of 2016 Arising Out of PS.Case No. -752 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhuneshwar Prasad son of Late Maheshwar Prasad resident of VillageMadhopur, Gopal Chowk Kayasth Toli, P.S.- Turkauliya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under section 304(B)/34 of the Indian Penal Code.

Priyanka Kumari, daughter of the informant was married to Manish Kumar Srivastava, son of the petitioner on 25.02.2015 and allegedly due to non fulfillment of demand of additional dowry by way of rupees three lacs, she was being assaulted and tortured by the petitioner and other in-laws and ultimately she was killed and the accused persons fled away after locking the house.

Submission is of false implication, the petitioner

Patna High Court Cr.Misc. No.6837 of 2016 (3) dt.12-04-2016 has got no concern with the family affairs of his son Manish Kumar Srivastava, the petitioner has been living separately, he is an old man, during post mortem examination, the cause of death has been found hanging and, as such, the petitioner, who is suffering in custody since 03.11.2015 deservers sympathetic consideration.

Learned A.P.P opposed the prayer.

In the facts and circumstances stated above and considering that the petitioner is father-n-law of the deceased and the charge-sheet has already been submitted and that there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya P.S. Case No. 752 of 2015.

(Jitendra Mohan Sharma, J) Amin/- U