Om Prakash Ram @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23074 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== OM PRAKASH RAM @ OM PRAKASH, S/o Jhagru Ram, resident of village- Bhedihari, P.S.- Valmikinagar, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Yadav, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the daughter of the informant is languishing in custody since 25.02.2016 in a case registered for the offences punishable under Sections 498A, 326, 304B/34 of the Indian Penal Code.

Prosecution case is that the daughter of the informant Tetari @ Anita Kumari was married with the petitioner on 01.06.2015. On 15.10.2015 the informant came to know that his daughter has been killed. The dead body of the victim with burn injury was recovered form the sugar cane field.

It is submitted by the learned counsel for the petitioner that accusation of demand of dowry is against the father of the petitioner. There is no accusation of demand of

Patna High Court Cr.Misc. No.23074 of 2016 (4) dt.17-10-2016 dowry by the petitioner. Moreover, the thrust of accusation is against parents of the petitioner. Independent witnesses have suggested that petitioner was not present in his house when the victim was killed by his parents.

Learned A.P.P. after going through the case diary submits that the independent witnesses have stated that the petitioner was not present in his house at the time of occurrence and the victim was killed by the parents of the petitioner.

Moreover, investigation has already been concluded.

Considering the thrust of accusation is against the parents of the petitioner and investigation being concluded, let the above named petitioner, 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No. 70 of 2015.

(Dinesh Kumar Singh, J) P.K./- U T