Brij Kumar Upadhyay @ Brij Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2961 of 2015 Arising Out of PS.Case No. -114 Year- 2014 Thana -SANDESH District- BHOJPUR ======================================================

1. Brij Kumar Upadhyay @ Brij Upadhyay S/o of late Mohan Upadhyay Resident of Village- Bachary, P.S.- Sandesh , Distt- Bhojpur (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Tiwary For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2015 Heard both sides.

The petitioner seeks bail in a case registered under section304(B)/34 of the Indian Penal Code. The informant alleged that his son-in-law namely Magru Upadhayay used to assault his daughter due to nonfulfillment of demand of dowry and ultimately her daughter Kusum Upadhayay died.

Learned counsel for the petitioner submits that the decease died of illness. The doctor has advised for her proper treatment but Kusum died. Petitioner is the father-in-law of the deceased. There is no allegation against the petitioner. Considering the fact that petitioner is father in-law and there is no specific allegation against him, the above

Patna High Court Cr.Misc. No.2961 of 2015 (2) dt.22-01-2015 2/2 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur(Ara) in Samdesh P.S. Case No. 114 of 2014. (Prabhat Kumar Jha, J) M.Rahman/- U T