Patna High CourtCR. MISC./20748/2017bail granted

Ankush Das v. The State Of Bihar

2017-06-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20748 of 2017 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Ankush Das Son of -Ram Chandra Das Resident of Village- Saphahi, P.S. Magadh University, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. M.K.Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard the parties.

The petitioner seeks regular bail in connection with Magadh University P.S.Case No.77 of 2015 registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code. The petitioner is husband. The allegation against him is causing dowry death, however, it is submitted on behalf of the petitioner that no case is made out under Section 304(B) of the Indian Penal Code as the witnesses during the course of investigation has not supported the prosecution case rather they have stated that the husband and wife were regularly quarreling. The post mortem report also shows that there is sign of hanging. It is also submitted that the petitioner is in custody for more than nine months.

Patna High Court Cr.Misc. No.20748 of 2017 (3) dt.23-06-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-II, Gaya in connection with Sessions Trial No.3 of 2017/8 of 2017 arising out of Magadh University P.S.Case No.77 of 2015 with condition that the petitioner shall appear before the court below on day- to- day basis and shall not become absent without permission of the court concerned as well as he will co-operate in disposal of the trial. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U