Patna High CourtCR. MISC./25144/2016bail granted

Durgesh Sinha @ Durgesh Kumar Sinha v. The State Of Bihar

2016-08-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25144 of 2016 Arising Out of PS.Case No. -1094 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Durgesh Sinha @ Durgesh Kumar Sinha Son of Ashok Kumar Sinha, Resident of Village + Police Station- Nokha, District- Sasaram. At present Kolhua Paigambarpur, P.S. Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Poonam Kumari Jha, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 304B/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant's daughter was married with petitioner in the year 2013. After marriage the accused persons including the petitioner started demanding dowry from her and tortured physically and mentally both, for which a panchayati was also held but to no avail. On 2.12.2015 the informant received a telephonic message that the accused persons had murdered his daughter.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.12.2015 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.25144 of 2016 (4) dt.23-08-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. From perusal of paragraphs 16, 17, 18 and 19 of the case diary, it is evident that the deceased was not feeling well and due to illness she had died. From perusal of the postmortem report, it is evident that no external injury was found on the body of the deceased. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. case No.1094 of 2015.

(Sudhir Singh, J) Narendra/- U T