Patna High CourtCR. MISC./5011/2018bail granted

Gaurav Kumar @ Kumar Gaurav v. The State Of Bihar

2018-04-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5011 of 2018 Arising Out of PS.Case No. -691 Year- 2017 Thana -PHULWARI District- PATNA ======================================================

1. Gaurav Kumar @ Kumar Gaurav S/o Satyendra Kumar @ Satyendra Sharma, R/o Village- New Ranipur, P.S.- Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-04-2018 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),120B/34 of the Indian Penal Code.

The petitioner is suffering from moderate mental retardation which is in the nature of permanent handicappedness as per report of the Principal of Patna Medical College, Mental Health Department.

Submission is that even the FIR would reveal that the allegation of greed of money is against other family members and allegation of torture for that greed is against those persons. Petitioner is husband of the deceased. Death was caused after seven years of marriage. Hence, presumption of dowry death is not against the petitioner.

Considering the aforesaid facts especially the fact that the petitioner is in custody since 02.11.2017 and he is

Patna High Court Cr.Misc. No.5011 of 2018 (3) dt.17-04-2018 suffering from mental retardation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Phulwarisharif Police Station Case No.691 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T