Patna High CourtCR. MISC./18408/2018bail granted

Shashi Bhushan Singh v. The State Of Bihar

2018-03-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18408 of 2018 Arising Out of PS. Case No.-70 Year-2017 Thana- KORANSARAI District- Buxar ====================================================== Shashi Bhushan Singh, Son of Late Raghubir Singh, Resident of VillageMathila, P.S. Koran Sarai, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

Mr. SRI NITYANAND ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A, 304B, 328/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture, assault and thereafter committing murder of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.01.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is bhainsur of the victim. He has falsely been implicated in the present case due to mistake of fact. The

Patna High Court Cr.Misc. No.18408 of 2018(2) dt.30-03-2018 2/2 petitioner is separate in mess and property from the husband of the deceased. In paras 10, 11 and 12 of the case diary, the prosecution witnesses have stated that the deceased had committed suicide. Hence, no offence under Section 304B of the IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Koran Sarai P.S. Case No. 70/2017.

(Sudhir Singh, J) Pankaj/- U