Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5854 of 2017 Arising Out of PS.Case No. -2 Year- 2014 Thana -KOCH District- GAYA ====================================================== Govind Kumar, Son of Kapildeo Mehta, resident of Village - Sinduari, P.S. Konch District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish, Advocate For the Opposite Party/s : Mrs. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 01.09.2016 in connection with Konch P.S. Case No. 2 of 2014 registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case is that the informant's daughter was married to the petitioner and there was a demand of dowry by all the family members of the petitioner and she was ultimately killed by burning her due to non-fulfilment of demand of dowry. It has been submitted by the learned counsel for the petitioner who is the husband that he is innocent and was not at the place of occurrence at the relevant point of time, as has been supported by

Patna High Court Cr.Misc. No.5854 of 2017 (4) dt.13-04-2017 2/2 the independent witnesses in paragraph 12 of the case diary. The independent witnesses have also not supported the prosecution case, as is evident from paragraphs 13 and 14 of the case diary, as it has been stated that it was an accidental death, as she got burnt while cooking and was taken to hospital where she succumbed. It has further been submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. He further submits that all the other coaccused have since been granted the privilege of bail by this Court.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances, since allegations are general and omnibus, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 2 of 2014. (Nilu Agrawal, J.) Arjun/- U T