Ritesh Kumar Singh @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32940 of 2017 Arising Out of PS.Case No. -279 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Ritesh Kumar Singh @ Ritesh Kumar Son of Uma Shankar Singh, Resident of Village-Kishunpur Madhuwan, P.S.-Kudhani, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Adv. Mrs. Kumari Arpana, Adv.

For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.10.2016 in connection with Kudhani P.S. Case No. 279 of 2016 for offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Sonam Devi (deceased) was married with the petitioner three years back and due to non-fulfillment of demand of dowry the petitioner along with in-laws of the deceased have killed her and cremated her dead body.

Patna High Court Cr.Misc. No.32940 of 2017 (3) dt.08-09-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, the deceased was suffering from dengue fever and was hospitalized in Minakshi Hospital, Muzaffarpur where a day before was referred to P.M.C.H. but died midway. He submits that the family members of the deceased had participated in the funeral ceremony and there was no demand of dowry at any point of time. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Kudhani P.S. Case No. 279 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned

Patna High Court Cr.Misc. No.32940 of 2017 (3) dt.08-09-2017 3/3 police station/ court, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T