Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30305 of 2015 Arising Out of PS.Case No. -179 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Manish Kumar, son of Bindeshwari Sah, Resident of Village- Helajot, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rohit Kumar, Advocate For the Opposite Party/s : Mr. S.Ehteshamuddin(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, being the husband of the deceased, is apprehending his arrest in connection with Jhajha P.S. Case No.179 of 2014 (G.R. No.1652 of 2014) for allegedly having committed the offence under Section 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the case was initially registered under Section 304 B of the I.P.C. It is further submitted that subsequently the case has been found to be true under Section 306 of the I.P.C.

Earlier, case diary in the present case was called for, which has since been received.

Learned counsel for the State after perusing the case

Patna High Court Cr.Misc. No.30305 of 2015 (3) dt.27-10-2015 2/2 diary submits that there was a demand of dowry by the petitioner from the deceased and that he had been commenting on her physical appearance. It has come in the case diary that the husband of the deceased being posted at Kishanganj was not present at the place of occurrence and after the girl was taken ill, she was rushed to the hospital by her in-laws where she succumbed.

Considering the aforementioned facts and circumstances and the material which has surfaced in the case diary, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Shri Shyamal Kumar, learned Judicial Magistrate, 1st Class, Jamui, in connection with Jhajha P.S. Case No.179 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T