Mahesh Ram @ Maheswh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50724 of 2016 Arising out of P.S. Case No. - 119 Year - 2016 Thana - CHAND District - BHABHUA (KAIMUR) ====================================================== Mahesh Ram @ Maheswh Ram, Son of Chirkut Ram, Resident of Village - Karwandia, P.S. - Chand, District - Kaimur (Bhabua) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mithilesh Kumar Upadhyay, Advocate For the Opposite Party : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Anju Devi, the daughter of the informant was married with the petitioner in the year 2010. She was mother of two children. The informant was telephonically informed that there is severe pain in the stomach of Anju Devi and she is being carried to the hospital where Anju died. The informant suspected that murder of Anju has been committed due to non-fulfilment of the dowry demand.

Submission of the petitioner is that no one has supported before the police regarding allegation of demand of

Patna High Court Cr.Misc. No.50724 of 2016 (4) dt.01-03-2017 2/2 dowry. Moreover, all the family members were present at the death of the victim and just to pressurize, false case has been lodged. The petitioner is in custody since 28.09.2016. Learned counsel for the State opposed the prayer for bail on the ground that since presumption of dowry death is there against the petitioner, he does not deserve privilege of bail. Considering the aforesaid facts, let the petitioner, above named, 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 learned Judicial Magistrate, 1st Class, Kaimur at Bhabhua/successor Court in connection with Chand Police Station Case No. 119 of 2016.

Kundan (Birendra Kumar, J) U T