Patna High CourtCR. MISC./76438/2018bail granted

Manoj Singh v. The State Of Bihar

2019-04-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76438 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- MALI District- Aurangabad ====================================================== Manoj Singh S/o Arun Singh@ Arun Kumar Singh R/o Village- Karahara, P.S. Mali, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 201 and 120B of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.8.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. From perusal of paragraphs 23,

Patna High Court CR. MISC. No.76438 of 2018(5) dt.10-04-2019 2/2 24 and 25 of the case diary, it is evident that the deceased died while delivering a child. Hence, no offence under Section 304B IPC is made out. The aforesaid statement has been made by the independent witnesses who happens to be co-villagers. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 45/18.

(Sudhir Singh, J) Pankaj/- U T