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Patna High CourtCR. MISC./52696/2016bail granted

Rajiv Kumar Sharma @ Rajiv Sharma v. The State Of Bihar

2017-03-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52696 of 2016 Arising Out of PS.Case No. -207 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Rajiv Kumar Sharma @ Rajiv Sharma, Son of Sagar Sharma, Resident of Village- Shahpur Meenapur, P.S.- Muffasil, District- Begusarai, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajneesh, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.

The petitioner is husband of the victim Renu Devi. There is allegation of demand of dowry and torture for the same and for non-fulfilment of the same dowry death of the victim was committed.

Submission of the petitioner is that it is falsely stated in the F.I.R. that marriage was solemnized six years back rather the marriage was solemnized on 21.03.2007 and the

Patna High Court Cr.Misc. No.52696 of 2016 (5) dt.06-03-2017 2/2 occurrence took place on 14.06.2015. Therefore, presumption of dowry death is not against the petitioner and there is no eyewitness of the occurrence.

Considering the similar material some other coaccused has been allowed anticipatory bail in this case. In the circumstances, let 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 Chief Judicial Magistrate, Begusarai/Successor Court, in connection with Begusarai Muffasil P.S. Case No. 207 of 2015.

(Birendra Kumar, J) Mkr./- U T