Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31242 of 2016 Arising Out of PS.Case No. -217 Year- 2015 Thana -RAJAUN District- BANKA ======================================================

1. Amit Kumar Son of Ashok Singh@Ashok Saran Singh Resident of Village- Pattichak, P.S Rajoun, district Banka,. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the daughter of the informant is languishing in custody since 08.06.2016 in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code. The prosecution case is of killing the daughter of the informant after about six years of the marriage. It is alleged that though the demand of dowry was not made by the accused persons, but the daughter of the informant used to be assaulted frequently. On information that the daughter of the informant was killed, the informant went to in-law's house of her daughter.

It is submitted by the learned counsel for the petitioner that though the case was registered under

Patna High Court Cr.Misc. No.31242 of 2016 (3) dt.28-09-2016 Sections 498A, 304B/34 of the Indian Penal Code, but the informant has clearly stated in the First Information Report that there was no demand of dowry, hence the case does not come within the purview of Section 304B of the Indian Penal Code. The post-mortem report reflects the bleeding through both nostrils, bruise on the right and left cheek, multiple small size bruise below right ear and one nail bite in front of upper chest, but the doctor did not find the injury sufficient to cause death. Hence, opinion was reserved with regard to cause of death, awaiting F.S.L. report. On conclusion of investigation, Final Report has been submitted under Section 306 of the Indian Penal Code. It is submitted by the learned counsel for the informant that there is accusation of making assault in the First Information Report, which is being corroborated by superficial bruise and nail bite injury found during postmortem, but does not dispute this fact that the Final Report has been submitted under Section 306 of the Indian Penal Code.

Considering the fact that investigation has already concluded and the Final Report has been submitted under Section 306 of the Indian Penal Code, let the above named petitioner, 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 Chief Judicial

Patna High Court Cr.Misc. No.31242 of 2016 (3) dt.28-09-2016 Magistrate, Banka in connection with Rajoun P.S. Case No. 217 of 2015.

(Dinesh Kumar Singh, J) P.K./- U T