← Library
Patna High CourtCR. MISC./1362/2016bail granted

Subhash Kumar v. The State Of Bihar

2016-03-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1362 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Subhash Kumar son of Lal Babu Singh Resident of Village - Kubauli Ram, P.S. - N.H. Bangra, District - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with N.H. Bangra P.S. Case No. 47 of 2015 registered under Sections 304B/34 of the I.P.C.

The accusation is that the marriage of Puja Kumari, daughter of the informant, was performed with this petitioner in the year 2014 in the month of June. After marriage, she was being tortured due to non-fulfilment of demand of dowry and on 14.07.2014, she was killed by administering poison, while her dead body was being carried for disposal by vehicle bearing its Registration No. BR 01AY-2132, but villager stopped the vehicle. Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.1362 of 2016 (3) dt.03-03-2016 2/2 submits that in fact, petitioner is husband of the deceased, who is unemployed and is studying for appearing in the competitive examination. In fact, the deceased consumed poison herself, while she was in the village to Pradeep Mahto for treatment but she died and her dead body was kept in the courtyard of the house, which would appear from the case diary itself. It is further submitted that the allegation for carrying the dead body for disposal as made in the F.I.R. is totally false and concocted. It is further submitted that petitioner is in custody since 15.07.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Samastipur in connection with N.H. Bangra P.S. Case No. 47 of 2015.

(Rajendra Kumar Mishra, J) Shail/- U T