Dukhi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62787 of 2018 Arising out of PS. Case No.-472 Year-2017 Thana- MAJHAULIA District- West Champaran =============================================== Dukhi Das S/o late lagan Das Resident of VillagePurushottampur, P.S. Majhaulia, District- 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. Ram Sumiran Roy, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the State.

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

It is contended that, as per allegation, the petitioner along with other family members had killed the daughter of the informant.

It is contended that the ingredients of Section 304B are not attracted in this matter as according to the F.I.R. itself that the marriage was solemnized in the year 2005 and the

Patna High Court Cr.Misc. No.62787 of 2018(2) dt.08-10-2018 2/2 occurrence is of the year 2017. That apart, it is stated that the informant had filed a petition before the Chief Judicial Magistrate, West Champaran, a copy of which has been appended as Annexure-2, that at the instigation of the others, a false case was lodged and in fact her daughter died out of illness. Information regarding her death was already given to him and they had participated in funeral ceremony and "Shradh Karm". It is urged that the petitioner is the father-in-law and 71 years of age.

Considering the facts and the circumstances of the case and also the old age of the petitioner, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhaulia P.S. Case No. 472 of 2017.

(Dr. Ravi Ranjan, J) Vikash/- U T