Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30750 of 2018 Arising Out of PS. Case No.-69 Year-2014 Thana- KORMA District- Sheikhpura ====================================================== Ajay Kumar S/o Rameshwar Bind Resident of Village - Gangaura, Police Station - Korma, District - Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Asha Kumari For the Opposite Party/s :

Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 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 302, 201 and 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture and assault and thereafter committed 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 8.1.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Final form has been submitted in the present case. The petitioner has been made accused due to mistake of fact. Paragraph 7 and 10 of the case

Patna High Court Cr.Misc. No.30750 of 2018(4) dt.18-07-2018 2/2 diary indicate that the deceased died due to snake bite. Hence, no offence under Section 302 IPC is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. 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 District & Sessions Judge, Sheikhpura in connection with S.T. No. 14 of 2017 (arising out of Korma P.S. Case No. 69 of 2014).

(Sudhir Singh, J) Pankaj/- U T