Nunnu Babu Singh @ Nunnu Babu @ Nunnu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.17680 of 2018 (3) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17680 of 2018 Arising Out of PS.Case No. -282 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Nunnu Babu Singh @ Nunnu Babu @ Nunnu Singh, Son of Sachidanand Singh, Resident of Village- Rasulpur Sohawan, P.S.- Bhagwanpur, DistrictVaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satish Narain Singh, Advocate For the Opposite Party : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard counsel for the petitioner and APP for the State. Petitioner, who is husband of the deceased, is an accused in a case registered for offence under sections 304B/201 IPC. Learned counsel for the petitioner submits that though the FIR alleges that the victim has been done to death due to non fulfilment of dowry but she died due to illness before she could get treatment which is corroborated by the supervision report as is apparent from the case diary. Relying upon the receipt dated 5/6/2015 issued by the Cremation Ghat, Annexure 2 it is submitted that the victim was cremated in presence of her family members and the FIR was lodged after much delay on 20/12/2015 nearly six months later. Petitioner has no criminal antecedent and is in custody since 23.10.2016.

In the facts and circumstances of the case, prayer for bail

Patna High Court Cr.Misc. No.17680 of 2018 (3) dt.03-05-2018 of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VIII, Vaishali at Hajipur in Sessions Trial No. 90 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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