Rajnish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35390 of 2016 Arising Out of PS.Case No. -266 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Rajnish Kumar

2. Rajesh Kumar @ Abhay Kumar Both Sons of late Vishnu Deo Singh Resident of Village- Sarvoday Nagar, Ward No. 04, P.S Town, District Begusarai.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-10-2016 Supplementary affidavit is filed on behalf of the petitioners.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioners seek bail in a case registered under Sections 304(B), 201, 120B/34 of the Indian Penal Code. The marriage of the deceased was solemnized on 11.5.2014 with petitioner no.2 but allegedly, she was done to death by her in-laws including her husband due to non-fulfillment of dowry within two years of the marriage.

Submission on behalf of the petitioners is that the deceased was suffering from heart ailment before her marriage

Patna High Court Cr.Misc. No.35390 of 2016 (5) dt.22-10-2016 2/2 and, as a matter of fact, when the aforesaid fact was detected to the family members of the petitioners after the marriage the deceased was got treated at several places but ultimately, she died at Safdarganj Hospital, Delhi in course of her treatment. Learned counsel for the petitioners filed several documents including the prescriptions, cremation certificate as well as death certificate of the deceased issued by the competent authority. Petitioner no.1 is elder brother-in-law whereas petitioner no.2 is husband of the deceased.

Learned counsel appearing for the informant opposed the prayer submitting that there is nothing on the record to show that after death of the deceased, her dead body was handed over to the petitioners and, therefore, aforesaid fact creates suspicion regarding the documents produced by the petitioners before this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in connection with Begusarai Town P.S. Case No.266 of 2016.

(Hemant Kumar Srivastava, J) N.H./- U T