Subhash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60271 of 2017 Arising Out of PS. Case No.-73 Year-2016 Thana- LAXMIPUR District- Jamui ====================================================== Subhash Das, Son of Khublal Das, Resident of Village-Anandpur, Police Station-Laxmipur,. District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. SRI ZAINUL ABEDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Laxmipur P.S. Case No. 73 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the father of the deceased, who has stated in the FIR that marriage of the deceased was solemnized eight years ago and due to non fulfillment of demand of dowry, she was subjected to torture and for which the deceased had lodged FIR under Sections 341, 323, 307, 379, 498A/504 read with Section 34 of the IPC and Section 3/4 of the Dowry Prohibition Act. It has been stated in the FIR that the deceased on the hospital bed had alleged that her in-laws has set her ablaze and subsequently she died on account of burn

Patna High Court Cr.Misc. No.60271 of 2017(3) dt.16-01-2018 2/2 injury. After investigation the police did not find the case under Section 302 of the IPC to be true and submitted chargesheet under section 306 read with section 34 of the IPC. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and due to her temperament, she committed suicide for which the petitioner cannot be held responsible. The petitioner has one son and one daughter. Co-accused persons have been granted bail by a cooridnate bench of this Court vide order dated 31.07.2017 passed in Criminal Miscellaneous No. 15531 of 2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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, Jamui in connection with Laxmipur P.S. Case No. 73 of 2016.

(S. Kumar, J) ranjan/- U