Amit Kumar @ Amit Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43013 of 2019 Arising Out of PS. Case No.-74 Year-2017 Thana- MAHILA P.S. District- Saharsa ====================================================== Amit Kumar @ Amit Keshri Son of Ajit Keshri @ Ajit Kumar Keshri Resident of Purani Bazar, near Kesharwani Dharmshala, P.S.- Jamui, DistrictJamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Mahila P.S. Case No. 74 of 2017, registered for the offences punishable under Sections 498A, 323, 313, 379, 504, 506 and 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

Prosecution case in brief is that daughter of the informant Nisha Kumari was married with one Amit Keshri on 02.06.2013. After marriage, all the accused persons including this petitioner subjected informant's daughter to mental and physical torture on account of non-fulfillment of demand of dowry. They also ousted her from the matrimonial home in the year 2015.

It is submitted on behalf of the petitioner that petitioner happens to be the husband of the informant

Patna High Court CR. MISC. No.43013 of 2019(4) dt.11-09-2019 2/2 (deceased). She was suffering from Kidney disease and she was being treated in S.G.P.G.I.M.S, hospital, Lucknow (vide annexure-2). It is further submitted that deceased died at her native place on 07.08.2018. It has come in the case diary in para 54 that the informant died on 07.08.2018. Petitioner is an employee of Maruti Suzuki Company and he was not present at the place of occurrence vide annexure-3.

Considering the facts aforesaid and the fact that deceased died because of her ailment and she died at her native place, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 learned Judicial Magistrate Ist Class, Saharsa in connection with Mahila P.S. Case No. 74 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T