Mithilesh Pandey @ Mithilesh Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38924 of 2018 Arising Out of PS.Case No. -161 Year- 2017 Thana -HARLAKHI District- MADHUBANI ====================================================== Mithilesh Pandey @ Mithilesh Kumar Pandey Son of Late Shyma Kishore Pandey Resident of Village - Soth Gauw, P.S. Harlakh, District Madhubani. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner.
Petitioner prays for bail in connection with Harlakhi P.S.Case No. 161 of 2017 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. Allegation against the petitioner, who happens to be husband of the deceased, is of causing death of his wife due to demand of dowry.
Submission of learned counsel for the petitioner is that FIR itself shows that petitioner was at Delhi at the time of occurrence and he informed the informant regarding her illness and moreover he is in custody for about five months. Heard learned APP also, who has opposed the prayer for bail stating that death occurrence within 3-4 months of marriage
Patna High Court Cr.Misc. No.38924 of 2018 (4) dt.25-09-2018 2/2 and death caused due to asphyxia.
Having heard both sides and in the facts and circumstances, and considering the fact that petitioner was not present at the time of occurrence, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Benipatti in the district of Madhubani, in connection with Harlakhi P.S.Case No. 161 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U T