Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39500 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -AGIAUN District- BHOJPUR ====================================================== Baban Singh S/o Chandrama Singh, resident of village - Agiaon, P.S. - Agiaon ( Garhani ), Distt.- Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Agion (Garhani) P.S. Case No. 66 of 2016 registered for offence under section 304(B)/34 of the Indian Penal Code.

The petitioner is father-in-law of the victim. Allegation has been made to have killed the victim on account of non-fulfilling the demand of dowry.

The counsel for the petitioner submits that the death has occasioned on account of her illness, as she was suffering from breathing problem and on that account she died. He further submits that the husband has already been granted bail by this

Patna High Court Cr.Misc. No.39500 of 2016 (4) dt.18-10-2016 2/2 Court in Cr. Misc. No. 44570 of 2016 and the first information report itself shows, the husband was present on the day of the death of the victim.

The counsel for the State has drawn attention of this Court to paragraph 13 of the case diary which does not disclose the clear cut picture of the cause of death of the victim. In such view of the matter, let the petitioner, Baban Singh, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Agion (Garhani) P.S. Case No. 66 of 2016, subject to the condition that (i) one of the bailors shall be father/mother/wife/son of the petitioner.

(Shivaji Pandey, J) Mahesh/- U T