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Patna High CourtCR. MISC./56945/2019bail granted

Ashok Kumar Sah @ Ashok Sah v. The State Of Bihar

2019-09-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56945 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- KURSAILA District- Katihar ====================================================== ASHOK KUMAR SAH @ ASHOK SAH, S/o Hari Lal Sah @ Hari Sah, Resident of Village - Sameli, P.S. - Kursela, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Though allegation in the FIR is that the petitioner committed dowry death of his wife Janki Devi, however, submission is that, in fact, Janki Devi was not married with the petitioner, rather she was wife of one Deepak Kumar which would be evident from the photo copy of Aadhaar card at Annexure-2. Petitioner is an unmarried person and just to extort money from the petitioner, false allegation has been levelled. There is no other material to substantiate that the deceased was wife of this petitioner.

Considering the aforesaid submission, let the

Patna High Court CR. MISC. No.56945 of 2019(2) dt.12-09-2019 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kursela Police Station Case No. 31 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T