Patna High CourtCR. MISC./28055/2016bail granted

Sunil Das v. The State Of Bihar

2016-07-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28055 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Sunil Das Son of Ram Chandra Das Resident of village - Masaha Alam, Police Station Bairgania, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Bairgania P.S. Case No. 104 of 2015 registered under Sections 304(B), 120(B) and 201/34 of the I.P.C.

The accusation is of killing of the daughter of the informant by her husband due to non-fulfillment of the demand of dowry.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the Complaint Case No. 785 of 2015 that the occurrence is said to be of 12.05.2015 and the Complaint Petition was filed on 22.05.2015 on which basis the F.I.R. was lodged under sections 304(B)/120(b)/201/34 of the

Patna High Court Cr.Misc. No.28055 of 2016 (2) dt.15-07-2016 2/2 I.P.C. on 11.06.2015. In fact, the deceased, wife of the petitioner, died due to natural death on account of stomach pain and the informant had participated in the funeral ceremony on information, but later on, due to ulterior motive, he lodged the Complaint Case. Moreover, after realizing the mistake, the informant had filed an application before the Officer-in-Charge to this effect. Further it is submitted that petitioner is in custody since 13.05.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 C.J.M., Sitamarhi in connection with Bairgania P.S. Case No.104 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner.

(Rajendra Kumar Mishra, J) Shail/- U T