Pintu Kumar @ Pintu Das v. The State Of Bihar

Patna High Court Cr.Misc. No.28164 of 2017 (3) dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28164 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Pintu Kumar @ Pintu Das, S/o Late Ram Lakhan Das, Resident of Maskan Bararipur, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 24.03.2017 in connection with Nathnagar P.S. Case No. 94 of 2017 for offences punishable under Sections 304-B/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter was married to the petitioner two years back and due to non-fulfillment of demand of dowry, the petitioner along with his mother and father, has killed the deceased. It has been submitted by the learned counsel for the petitioner that he is innocent. There was some pity dispute between the petitioner and his deceased wife for which she had

Patna High Court Cr.Misc. No.28164 of 2017 (3) dt.31-07-2017 closed the door of the room and committed suicide which has been supported by the independent witnesses vide Para 28 and 11 of the case diary. During investigation, it has come that the lock of the door was found broken from inside. It has further been submitted that charge-sheet has already been submitted hence, there is no chance of tampering with the prosecution evidence. However, learned APP for the State submits that postmortem report suggests that death is caused due to hanging hence, opposes the prayer of bail.

Be that as it may, 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 Additional Chief Judicial Magistrate 1st, Bhagalpur, in connection with Nathnagar P.S. Case No. 94 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) sushma/- U T