Kunal Kumar Jha @ Kunal Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73777 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== Kunal Kumar Jha @ Kunal Jha, Son of Sudhir Jha, resident of VillageSinghia, Makandpur, P.S. Gopalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rohit Kumar Sharma, Advocate For the Opposite Party/s :

Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Gopalpur P. S. Case No. 51 of 2018 instituted for the offence under Section(s) 304B and 201/34 of the Indian Penal Code.

Petitioner is husband of the deceased.

It is alleged in the written report that son of the informant got information through mobile phone on 15.2.2018. He thereafter informed the informant that her daughter Futki @ Nilam Devi has died. The informant went to the clinic of Dr. R.C. Roy at Naugachiya to see her daughter but she did not find her daughter there. It is further alleged

Patna High Court Cr.Misc. No.73777 of 2018(3) dt.11-01-2019 2/3 that she went to Barari, Bhagalpur with her son-in-law on motorcycle where she found the dead body of her daughter lying in Ambulance and foam was coming from her mouth. The informant has further alleged that petitioner and other family members have killed her daughter for non -fulfillment of demand of dowry.

Case diary has been received.

Learned Sessions Judge, Bhagalpur has mentioned in the impugned order that there is no medical report available in the case diary. The petitioner also did not file any medical report to show that deceased was mentally ill.

Learned counsel further submits that after the death of the daughter of informant the dead body was cremated in presence of this petitioner, family members of the deceased and the family members of the petitioner.

From the written report itself, it appears that there is no allegation of specific overt act against this petitioner. Petitioner is in custody since 5.4.2018.

Considering the aforesaid, let the petitioner, above named, 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 the ACJM 1st Naugachiya, Bhagalpur,

Patna High Court Cr.Misc. No.73777 of 2018(3) dt.11-01-2019 3/3 in connection with Gopalpur P. S. Case No. 51 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T