Patna High CourtCR. MISC./37935/2018bail granted

Shrawan Sah v. The State Of Bihar

2018-09-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37935 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -KURSELA District- KATIHAR ======================================================

1. Shrawan Sah S/o Late Bhagi Sah, R/o Vill.- Indragaram, Ward No. 5, P.S.- Kursela, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-09-2018 Heard the learned counsel for the petitioner and the learned A.P.P.for the State.

The petitioner seeks bail in Kursela P.S. Case No.226 of 2017 registered for the offence under Section 304(B) of I.P.C. Petitioner is father-in-law of the deceased. The informant is the brother of the deceased. He has alleged killing of her sister by her in-laws for non-fulfillment of demand of dowry. In the post mortem report cause of death has been attributed to asphyxia due to throttling. The mother-in-law informed the pare nts of the deceased that both husband and wife had locked themselves in a room and thereafter the informant arrived there and saw his sister lying dead.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.37935 of 2018 (3) dt.12-09-2018 2/2 petitioner was not present at the time of the occurrence at the place of occurrence rather he was outside. He has been made accused only on the basis of suspicion. He has no criminal antecedent and he is in custody since 24.04.2018.

Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-V, Katihar, in Kursela P.S.Case No.226 of 2017.

(S. Kumar, J) AnilKrSinha/- U