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Patna High CourtCR. MISC./20171/2018bail granted

Dhananjay Kewat v. The State Of Bihar

2018-07-27Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20171 of 2018 Arising Out of PS. Case No.-72 Year-2017 Thana- BIND District- Nalanda ====================================================== Dhananjay Kewat, son of Late Nageshwar Kewat, Resident of Village- Bakra, P.S.- Bind, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Anil Kumar No.1, Advocate For the State :

Smt. Gulnar Begum, APP For the Informant :

Mr. Rabindra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner, the learned APP for the State as well as the learned counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in connection with Bind P.S. Case No.72 of 2017, giving rise to S.T. No.87 of 2018, registered under Sections 304(B)/34 of the Indian Penal Code.

Allegation in brief is that the petitioner was married with the deceased five years back and he informed his in-laws regarding the death of his wife, they turned up and found that the deceased was killed by the petitioner.

Learned counsel for the petitioner submits that the wife of the petitioner committed suicide, the postmortem report clearly indicates that it is a case of hanging and there is no

Patna High Court Cr.Misc. No.20171 of 2018(6) dt.27-07-2018 2/2 allegation of making any demand of dowry against the petitioner or anyone, so no offence is attracted under Section 304(B) of the Indian Penal Code and after commission of suicide, the petitioner has also informed his in-laws. The petitioner has been in custody for last one year. Learned counsel appearing on behalf of the informant opposes the prayer of bail of the petitioner. Having considered the aforesaid facts and circumstances, petitioner Dhananjay Kewat is directed to 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 learned 3rd Additional District & Sessions Judge, Bihar Sharif, Nalanda in connection with Bind P.S. Case No.72 of 2017, giving rise to S.T. No.87 of 2018 with a condition that the petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T