Patna High CourtCR. MISC./8066/2016bail granted

Amarjeet Kumar v. The State Of Bihar

2016-02-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.8066 of 2016 (2) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8066 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Amarjeet Kumar Son of Sri Kapildeo Singh Resident of village - Dariyapur, PS - Karpi, District - Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bajarangi Lal For the Opposite Party/s Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner being husband of the deceased is in jail custody since 6.10.2015 in a case registered under section 304B/34 of the Indian Penal Code.

According to the prosecution case itself, marriage of the deceased was solemnized with the petitioner six years ago and after marriage, she was residing at her matrimonial home. Further, prosecution case is that deceased was done to death at her matrimonial home and the petitioner and his family members continued demanding Rs 2/- lakhs in dowry since the date of marriage of the petitioner. Post mortem report of the deceased reveals that no injury was found on the person of the deceased and doctor could not succeed to ascertain cause of death of the deceased.

The contention on behalf of the petitioner is that allegation

Patna High Court Cr.Misc. No.8066 of 2016 (2) dt.19-02-2016 of illegal demand and torturing has been brought by the informant with a view to make offence graver and, as a matter of fact, deceased died of her ailment and proper information regarding death of the deceased was given to the informant and having got the aforesaid information, informant reached at the house of the petitioner who lodged the present case with ulterior motive. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in Karpi P.S. Case no. 94/2015.

shahid (Hemant Kumar Srivastava,J) U T