Patna High CourtCR. MISC./13302/2017bail granted

Shambhu Kumar @ Shambhu Kumar Agrawal v. The State Of Bihar

2017-05-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13302 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -GAYA KOTWALI District- GAYA ======================================================

1. SHAMBHU KUMAR @ SHAMBHU KUMAR AGRAWAL Son of Sri Arjun Kumar Lal, Resident of Mohalla- New Godwon, Bhusandi More, P.s.-Kotwali, District-gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Babita Kumari, Adv. For the Opposite Party : Mr. Ramesh Chandra, APP 54 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 341, 323, 498A and 316 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. Subsequently Section 304B of the Indian Penal Code was added.

The informant was already married with some other boy and subsequently she married with petitioner. There was matrimonial dispute, hence, the informant lodged a case of demand of dowry and torture for the same against the in-laws, including the petitioner, who is second husband.

Submission of the petitioner is that the wife was maintaining relationship with the first husband and

Patna High Court Cr.Misc. No.13302 of 2017 (3) dt.02-05-2017 2/2 she was residing at her parents' house, which would be revealed from the case diary, and, thereafter, just to pressurize, there is allegation of dowry death. The post mortem report would reveal that the deceased had multi organ failure.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 212 of 2016 to the satisfaction of the Chief Judicial Magistrate, Gaya, or successor Court.

(Birendra Kumar, J) SA/- U √ T √