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Patna High CourtCR. MISC./43233/2019bail granted

Chhathu Das v. The State Of Bihar

2019-07-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43233 of 2019 Arising Out of PS. Case No.-472 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== CHHATHU DAS, Son of Dukhi Das, Resident of Village - Purshottampur, P.S. - Majhaulia, Dist. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pancha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner is husband of the victim of unnatural death. Marriage was solemnized in the year 2005 and death was caused on 08.12.2017.

Submission is that there is no eye-witness of the occurrence. The presumption of dowry death is not there against the petitioner as the death took place after seven years of marriage of the daughter of the informant and there is no allegation of demand of dowry. Moreover, the informant has filed a petition before the learned court below that on wrong information of the villagers, he has lodged the case.

Patna High Court CR. MISC. No.43233 of 2019(2) dt.12-07-2019 2/2 Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Majhaulia Police Station Case No. 472 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T