Patna High CourtCR. MISC./37969/2016bail granted

Rajesh Kumar v. The State Of Bihar

2016-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37969 of 2016 Arising Out of PS.Case No. -197 Year- 2014 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Rajesh Kumar S/o Ram Balak Singh Resident of Village- Khutha-Dih, P.O.- Khutaha-Dih, P.S.- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 304B/120B/201/34 of the Indian Penal Code.

Deceased Sajal Kumari was married initially with Kanhaiya Kumar. She had two children from the wedlock of Kanhaiya Kumar. In the year 2013 Kanhaiya Kumar died of snakebite and thereafter deceased Sajal Kumari married with this petitioner in a temple. Allegation is that for non-fulfilment of demand of dowry, the petitioner and others bitterly assaulted to the deceased and committed her death by burning her. Submission of the petitioner is that during

Patna High Court Cr.Misc. No.37969 of 2016 (5) dt.14-12-2016 2/2 investigation some of the witnesses stated that the petitioner was taking full care of the deceased. His further submission is that just to pressurize the false case was lodged and the circumstances under which second marriage of the deceased was performed would make it crystal clear that there was no question of demand of any dowry.

Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate, Lakhisarai/Successor Court, in connection with Barahiya P.S. Case No.197 of 2014.

(Birendra Kumar, J) Mkr./- U T