Muna Sah @ Bhanua @ Banua @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23946 of 2018 Arising Out of PS. Case No.-156 Year-2016 Thana- SARAI District- Vaishali ====================================================== MUNA SAH @ BHANUA @ BANUA @ MUNNA SAH Son of -Hajari Sah, Resident of Village-Anuwarpur, P.S.-Sarai, District-vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate :

Miss Kanchan Kumari, Advocate For the Opposite Party/s :

Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Sarai P.S. Case No. 156 of 2016 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Informant is the father of deceased, who in his written complaint has stated that his daughter was married with petitioner in April 2014 and after marriage she was being tortured for non-fulfillment of demand of dowry. There is general and omnibus allegation against all the accused persons named in the FIR of demanding of dowry. It has been alleged in the FIR that all accused killed his daughter.

Patna High Court Cr.Misc. No.23946 of 2018(5) dt.04-09-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. According to postmortem report the cause of death is Asphyxia due to hanging, which suggests to be a case of suicide. It has been further submitted that four accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.05.2017 passed in Cr. Misc. No. 18460 of 2017 and one co-accused, Namely, Mintu Sah has been granted regular bail vide order dated 06.04.2017 passed in Cr. Misc. No. 7766 of 2017. Petitioner has no criminal antecedent and he is in custody since 04.10.2017. Charge-sheet has already been submitted under Section 304B of IPC.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XIII, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 156 of 2016. (S. Kumar, J) veena/- U T